The petitioner herein is the accused in C.C No.368 of 2013 of the Judicial Magistrate of First Class Court-II, Nedumangad. He seeks orders under Article 227 of the Constitution of India for speedy disposal of the case, on the ground that he is employed permanently abroad, and that, if the case is not disposed of at the earliest, he may not be able to join his employment abroad. The report submitted by the learned Magistrate, including the diary extract, shows that the case now stands posted to 16.2.2015 for trial. The diary extract also shows that in spite of repeated processes, the police could not procure the presence of the material witness in court. In the particular circumstances, I find that the petitioner will have to make proper application before the court below for speedy trial, stating the ground for such a course. If the petitioner is permanently employed abroad, and if he cannot make appearance on all posting dates, or that he will lose his O.P. (Crl) No.248 of 2014 2 employment abroad, if he could not reach there in time, his grievance will have to be definitely considered by the trial court. If speedy disposal within a shortest time is not possible, the petitioner can also be exempted from personal appearance. Personal appearance can be insisted only when such appearance is absolutely necessary during trial. However, efforts can be made for speedy disposal of the case, and if necessary, the case can even be advanced with notice to the other side. No doubt, his grievance will definitely be considered by the learned Magistrate, as indicated above. In the result, this petition is closed with observation that the petitioner can very well approach the learned Magistrate with necessary application which will definitely be considered by the learned Magistrate as indicated above.
P.UBAID JUDGE ma