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Judgment
P.V.Kunhikrishnan, J
This Criminal Miscellaneous Case is filed with following prayers:
To call for the records an quash Annexure Al and all proceedings in CC No.241/2015 on the file of the Court of the Chief Judicial Magistrate, Kollam, and allow this Criminal Miscellaneous Case.
When this matter came up for consideration on 08.11.2023, this Court directed the Registry to get a report from the Chief Judicial Magistrate Court, Kollam, about the present stage of C.C.No.241/2015 and the time required to dispose the case. A report is submitted by the Chief Judicial Magistrate, which is extracted hereunder:
“Report had been called for from this court as regards the present stage of CC.No.241/2015. Out of total 11 witnesses, 9 were examined. The remaining witnesses were CW2 and CW10. In spite of coercive steps, the presence of CW2 could not be obtained by the prosecution. Bailable warrant has been ordered against CW10 through Commissioner of Police, Kollam on account of process which was ordered several times not being served. The matter is posted to 26/12/2023.
This is for favour of necessary information.
When this Court specifically directed the learned Magistrate to furnish the present stage of the case and the time required to dispose the case, it is the duty of the Chief Judicial Magistrate to submit a report before this Court about the time required. No such time is mentioned in the above report. It is clear from the about report that 9 out of 11 witnesses were already examined. If that be the case, this Court can fix a time limit to dispose the matter.
Therefore, this Criminal Miscellaneous Case is disposed of directing the Chief Judicial Magistrate Court, Kollam, to dispose C.C.No.241/2015, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this order.