Megha P vs District Police Chief

P.V.Kunhikrishnan, J

This original petition is filed with following prayers:

i. direct the Judicial First Class Magistrate Court, Thalassery to consider and pass final orders on Exhibit-P5 within three weeks as may be directed by this Honourable Court;

ii) pass such other orders as this Hon’ble Court may deem fit to grant in the facts and circumstances of the case.

(SIC)

When this original petition came up for consideration, this Court directed the Registry to get a report from the Judicial First Class Magistrate Court, Thalassery, about the present stage of Ext.P5 petition and why the same is not disposed. The learned Magistrate submitted a report, which is extracted hereunder:

“In the above case, the accused persons were put on trail for the offences punishable U/S 353, 332 and 324 r/w 34 IPC on the basis of Final Report filed in Cr.No. 498/2022 by the Sub Inspector of Police, Thalassery Police Station. CW1, the Sub Inspector of Police and CW2, the CPO 7468 at Thalassery Police Station, had sustained injuries in the incident.

The Learned APP has filed an application as CMP.No.4817/2023 U/S 321 of Cr.P.C. for withdrawing the above case on 18.09.2023. On 18.09.2023, notice was issued to CW1 and CW2 and the case was posted to 27.10.2023 for their objection, if any. I humbly submit that the petition is now posted to 27.10.2023 awaiting their response. I further humbly submit that I will dispose the petition immediately thereafter.”

In the light of the above report, I think this case can be disposed of directing the Judicial First Class Magistrate Court, Thalassery, to dispose the application forthwith.

Therefore, this Original Petition (Criminal) is disposed of directing the Judicial First Class Magistrate Court, Thalassery, to dispose C.M.P. No.4817/2023 in C.C.No.1052/2022, as expeditiously as possible, at any rate, within two weeks from the date of receipt of this order.