O R D E R

The petitioner herein is the defacto complainant in C.C No.866/2012 of the Judicial First Class Magistrate Court, Varkala, involving the offence under Section 498A of the Indian Penal Code . The 3rd respondent herein is the accused in the said case. The petitioner's grievance is that the police has not taken any action against the accused inspite of repeated warrant issued from the court. She seeks a direction under Section 482 of the Code of Criminal Procedure to the police to execute the warrant of arrest, and also to the court to expedite the trial of C.C No.866/2012. The 3rd respondent is represented by counsel.

But there is no representation for the petitioner.

2. On a perusal of the materials, I find that the petitioner's prayer cannot be granted by this Court under Section 482 of the Code of Criminal Procedure . When the accused has not made appearance in the case, this Court cannot direct the trial court to expedite the trial. The question of trial or expeditious trial comes only after appearance of the accused. If the police has failed to execute the warrant of arrest, it will be taken care of by the trial court, and it must be the concern of the trial court to