The petitioner herein is the complainant in C.C. No. 10/2013 before the Judicial First Class Magistrate Court-IV (Mobile Court), Thiruvananthapuram. It was filed as S.T. No. 6842/2011 in the original court, and on transfer to the present court, it was re-filed as C.C.No. 10/2013. The petitioner seeks orders under Section 482 Cr.P.C. directing expeditious trial and disposal of the case, on the ground that he has been undergoing treatment of some serious disease, and that he has to undergo 'Dialysis' thrice a week. 2. On hearing both sides, I find that the trial court has already accepted the affidavit of the petitioner filed in lieu of examination in chief, and he remains to be cross examined. By the time, an application filed by the accused for expert examination of the cheque was allowed, and now the court is waiting for report. In such a situation, a time bound disposal cannot be directed. However, the petitioner can approach the Crl.M.C.. No. 5433/2014 2 learned Magistrate with necessary details regarding his treatment, and if the learned Magistrate is satisfied of his grievance, no doubt, the case will be tried and disposed of as expeditiously as possible. As and when report of examination is received, the trial court will have to expedite trial, if the petitioner's case regarding his physical condition is genuine.
In the result, the Crl.M.C. is closed with direction to the court below that, if request is made by the petitioner for expeditious trial and disposal of the case C.C. No.10/2013, the same shall be judiciously considered, and if that request is genuine, earnest efforts shall be taken to dispose of the matter as expeditiously as possible, giving priority to the case for trial out of turn.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE