CRL.MC No. 517 of 2007 · Kerala High Court

Crl.M.C.No.517 of 200722.The short grievance of the petitioners is that the learnedMagistrate has not imbibed the sense of urgency and expedition which is necessary while considering an application like Annexure-D.It is important that appropriate orders must be passed expeditiously. Any delay in the disposal of such an application would work out injustice and prejudice to the petitioners. In these circumstances, the counsel prays that there may be a direction for expeditious disposal of Annexure-D application.3.I have no hesitation to agree with the learned counsel for the petitioners that such an application must be considered on merits and disposed of as expeditiously as possible. A reading of the provisions of the Protection of Women from Domestic Violence Act,2005 must convey to the court the need for expedition in the disposal of a proceedings under the said Act. Unfortunately, the learnedMagistrate, as rightly pointed out by the counsel for the petitioners, does not appear to have imbibed that sense of expedition which must inform all courts which have occasion to deal with a cause under the said Act. 4. In the nature of the order that I propose to pass, I amsatisfied that it is not necessary to wait for issue and return of notice to the 1st respondent. I am satisfied that directions can be issued to the learned Magistrate to dispose of Annexure-D application, for issue Crl.M.C.No.517 of 20073of a commission to take out an inventory of the articles in accordance with law as expeditiously as possible, at any rate - within a period of 3days from 05.03.2007. 5. This Crl.M.C is, accordingly allowed - to the above extent. 6. Hand over a copy of this order to the learned counsel for the petitioners for immediate production before the learnedMagistrate. (R.BASANT, JUDGE)rtr/-