Vasantha vs State Of Kerala

Kerala High Court

Vasantha vs State Of Kerala on 21 May, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                           OP(CRL.) NO. 253 OF 2024
AGAINST   THE   ORDER/JUDGMENT    DATED    IN   CRA    NO.65    OF    2023    OF   III
ADDITIONAL      DISTRICT     COURT,   KOLLAM          ARISING     OUT        OF    THE
ORDER/JUDGMENT DATED 17.01.2024 IN CRA NO.65 OF 2023 OF ADDITIONAL
SESSIONS COURT (ADHOC) III, KOLLAM
PETITIONER:

             VASANTHA
             AGED 63 YEARS
             D/O GOPINATHAN, MOTTAKUNNIL VEEDU, KIZHAKKANELA P.O,
             KULAMADA, PARIPPALLY VILLAGE, KOLLAM DISTRICT, PIN -
             691574
             BY ADVS.
             M.AJITH (KARICODE)
             R.MOHANA BABU


RESPONDENTS:

    1        STATE OF KERALA
             REPRESENTED BY, PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM, PIN - 682031
    2        G. VIJAYAN
             AGED 74 YEARS
             S/O GOVINDHAN, GOVINDHALAYAM, CHERUVAKKAL P.O AYOOR,
             ELAMADU VILLAGE, KOTTARAKKARA, KOLLAN DISTRICT, PIN -
             691533
    3        USHA
             AGED 42 YEARS
             GOVINDHALAYAM, CHERUVAKKAL P.O, AYOOR, ELAMADU VILLAGE
             KOTTARAKKARA, KOLLAM DISTRICT, PIN - 691533
OTHER PRESENT:

             ASHI M.C. (PP)


     THIS     OP   (CRIMINAL)     HAVING     COME      UP   FOR      ADMISSION      ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 253 OF 2024
                                      2

                BECHU KURIAN THOMAS, J.
                -----------------------------------------
                   O.P.(Crl) No. 253 of 2024
                 ----------------------------------------
             Dated this the 21st day of May, 2024


                            JUDGMENT

Petitioner- a lady aged 63 years, has claimed maintenance and return of gold and money from her former husband as M.C.No.27/2018 before the Judicial First Class Magistrate Court, South Paravoor. She filed an application as C.M.P.No. 894/2021 in the above petition seeking certain data, which was dismissed. An appeal has been preferred as Crl.Appeal.No.65/2023 before the Additional Sessions Court-III, Kollam. Though petitioner has challenged the order dismissing her interim application for stay by the impugned order dated 17-01-2024 the stay petition was dismissed by the learned Session Judge. The said order is assailed in this original petition.

2. During the course of arguments, the learned counsel for the petitioner submitted that petitioner would be satisfied with a direction to dispose of Crl.Appeal No. 65/2023 pending before the Additional Sessions Court-III, Kollam in a time bound manner.

3. Having heard Sri. M.Ajith, the learned counsel for the petitioner as well as Sri.Ashi M.C., the learned Public Prosecutor, OP(CRL.) NO. 253 OF 2024 3 I am of the view that this original petition can be disposed of after dispensing with notice to respondents 2 and 3 considering the nature of relief now sought for during the argument.

4. The Supreme Court has time and again observed that the High Courts should not direct the trial courts to dispose of cases in a time-bound manner. Though the learned counsel for the petitioner submitted that a direction to dispose of the appeal in a time bound manner would suffice in the circumstances of the case, I am of the view that such a direction cannot be issued.

5. However, since the issue arises out of a claim for maintenance that too filed in the year 2018 and the appeal was preferred in 2023, I am of the view that the Sessions Court may, if the circumstances warrant, consider disposing of the appeal without undue delay.

With the above observations, this original petition is dismissed.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM/23/5/24 OP(CRL.) NO. 253 OF 2024 4 APPENDIX OF OP(CRL.) 253/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE AFFIDAVIT AND PETITIONER FILED BY PETITIONER BEFORE JFCMC, (TEMPORARY), SOUTH PARAVOOR IN CMP.894/202L IN MC.27/2018 Exhibit P2 A TRUE COPY OF THE ORDER DATED 22.6.2023 CMP.894/2021 IN MC.27/2018 JFCMC, (TEMPORARY). SOUTH PARAVOOR Exhibit P3 A TRUE COPY OF THE CRL.APPL.65/2023 BEFORE THE IIIRD ADDITIONAL SESSIONS COURT, KOLLAM DATED 12/07/2023 Exhibit P4 A TRUE COPY OF THE AFFIDAVIT AND PETITION IN CRL.MP.147/2023 TO STAY THE ORDER UNDER SECTION 29 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT DATED 30/10/2023 Exhibit P5 A TRUE COPY OF THE ORDER DATED

17.I.2024 IN CRL.MP.147/2023 IN CRL.APPL.65/2023 OF IIIRD ADDITIONAL SESSIONS COURT, KOLLAM