IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
OP(CRL.) NO. 301 OF 2022
AGAINST THE ORDER/JUDGMENTCMP 4065/2018 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II, HARIPAD
PETITIONER/COMPLAINANT:
SASIDHARAN
AGED 60 YEARS, S/O RAMAN
POTHAPPALLY SOUTH, KUMARAPURAM VILLAGE,
KARTHIKAPPALLY TALUK, KUMARAPURAM P.O.,
ALAPPUZHA DISTRICT,, PIN - 690548
BY ADV A.ABDUL LATHEEF
RESPONDENTS/RESPONDENTS:
1 THIRUVUTHAMCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY
NANTHANCODE.P.O., THIRUVANANTHAPURAM DISTRICT,
PIN - 695003
2 DEVASWOM COMMISSIONER
THIRUVITHAMCORE DEVASWOM BOARD,
NANTHANCODE.P.O., THIRUVANANTHAPURAM DISTRICT,
PIN - 695003
3 DEVASWOM ASSISTANT COMMISSIONER
THIRUVITHAMCORE DEVASWOM BOARD,
A.C.OFFICE,MAVELIKKARA.P.O., ALAPPUZHA DISTRICT,
PIN - 690101
4 DEVASWOM ASSISTANT COMMISSIONER
THIRUVITHAMCORE DEVASWOM BOARD
HARIPAD.P.O., ALAPPUZHA DISTRICT,
PIN - 690514
5 YESHODHARAN
S/O RAMAN,
LAL BHAVANAM, ERIKKAV.P.O.,
KUMARAPURAM VILLAGE,
KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT,
PIN - 690516
OP(CRL.) NO. 301 OF 2022
2
ADV C S HRITHWIK-SR PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(CRL.) NO. 301 OF 2022
3
JUDGMENT
On the basis of a complaint submitted by the petitioner the Haripad Police has registered Crime No.978/2017, against the respondents 1 to 5. The Police conducted an investigation and filed a refer report in the said crime. Thereafter, the petitioner submitted Ext.P1 protest complaint before the Judicial First Class Magistrate Court II, Haripad which is numbered as C.M.P. No.4065/2018. The grievance highlighted by the petitioner in this original petition is that, the aforesaid application is even now pending consideration and he seeks for a direction to the learned Magistrate to expedite the same, and dispose of within a time frame.
2. When this original petition came up for consideration before this Court on 27.06.2022 a report was called for from the learned Magistrate as to the status of the aforesaid C.M.P. and also as to the time required for completing the same. In response to the same, a detailed report has been placed on record by the learned Magistrate wherein the steps so far taken in the aforesaid C.M.P. has been mentioned and it is also stated that earnest efforts shall be taken to dispose of the C.M.P. in a time bound manner at least OP(CRL.) NO. 301 OF 2022 4 within a period of one month.
After perusing the contents of the report submitted by the learned Magistrate, and also taking into account other relevant aspects, I am of the view that, a direction can be issued to complete the proceedings within a period of two months. Accordingly, this original petition is disposed of directing the Judicial First Class Magistrate Court II, Haripad to dispose of C.M.P. No.4065/2018 within a period of two months from the date of production of a copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE scs OP(CRL.) NO. 301 OF 2022 5 APPENDIX OF OP(CRL.) 301/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE C.M.P. NO. 4065 OF 2018 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT -II, HARIPAD Exhibit P2 TRUE COPY OF THE REPORT WAS ISSUED TO THE PETITIONER UNDER RIGHT TO INFORMATION ACT DATED 28/07/2011 Exhibit P3 TRUE COPY OF THE DEPOSITION BY THE 3RD RESPONDENT IN THE CRL. M.P. IN THE YEAR 2018 (CRL.M.P. 4065/2018) BEFORE THE JFMC - II HARIPAD