JUDGMENT

Petitioner is the accused in C.C.No.1525 of 2014 pending on the files of the Judicial First Class Magistrate Court-I, Pathanamthitta. The case originated from Crime No.481 of 2011 registered at the Pathanamthitta Police Station for the offence under Section 506 (i) of IPC and Section 118 (d) of the Kerala Police Act . As per the averments in the original petition, summons was ordered to the 3rd respondent herein (the de facto complainant) and was repeated 24 times due to the failure of the 3rd respondent to respond to the summons. Presently, non-bailable warrant has been issued against the 3rd respondent, who is a practicing lawyer in the same court, and the case is being adjourned, awaiting appearance of the prosecution witnesses. It is submitted that the petitioner is put to prejudice and hardship due to the pendency of the case and no effort is being taken by the prosecution to secure the presence of its witnesses.

2. In the report called for, the learned Magistrate has stated that the case stands posted for examination of CW1 to CW3, against whom non-bailable warrants have been issued due to their deliberate absence despite service of summons. The learned Magistrate has