Raveendran.P.P vs Aswini Sharma

Kerala High Court

Raveendran.P.P vs Aswini Sharma on 23 May, 2024

Author: K.Babu

Bench: K. Babu

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR.JUSTICE K. BABU
      THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                        OP(CRL.) NO. 321 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN ST NO.18 OF 2023 OF JUDICIAL
FIRST CLASS MAGISTRATE COURT - XI, KOZHIKODE
PETITIONER:

             RAVEENDRAN.P.P
             AGED 56 YEARS
             S/O.M.S.NAIR, 'ROHINI', NEAR NETALI COLONY PO KOTTOOLI,
             KOZHIKODE, PIN - 673016
             BY ADVS.
             K.MOHANAKANNAN
             H.PRAVEEN (KOTTARAKARA)


RESPONDENT:

             ASWINI SHARMA
             AGED 47 YEARS
             250, GALI NO. 10, 2 ND FLOOR, DDA FLATS, MADANGIR, NEW
             DELHI, PIN - 110062
            SRI G.SUDHEER P.P.

     THIS     OP   (CRIMINAL)    HAVING     COME   UP   FOR   ADMISSION   ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 321 OF 2024
                                          2

                                   K.BABU, J.
                         ------------------------------------
                            OP(Crl).No.321 of 2024
                      --------------------------------------
                    Dated this the 23rd day of May, 2024

                               JUDGMENT

The prayers in this OP(Crl.) are as follows:-

"(i) To issue a direction directing the Judicial First Class Magistrate Court 11, Kozhikode to hear and dispose of ST 18/2023, within a time frame to be fixed by this Hon'ble Court;

(ii) Grant such other relief as this Hon'ble Court deem fit to grant in the interest of justice."

2. This Court obtained a report from the trial court wherein it is reported that the learned Magistrate is on Maternity Leave. The report further says that when the case was taken up for evidence, on 14.08.2023 and 26.09.2023, the complainant was not prepared to give evidence.

3. Having regard to the circumstances brought out, the learned Judicial First-Class Magistrate-XI, Kozhikode is directed to dispose of the matter as expeditiously as possible after regular sitting is resumed.

The original petition is disposed of as above Sd/-

K.BABU, JUDGE saap OP(CRL.) NO. 321 OF 2024 3 APPENDIX OF OP(CRL.) 321/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE COMPLAINT FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT- VII (NI ACT CASES), KOZHIKODE AS ST NO. 984/2019 DATED 17/05/2019 FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT VII (NI ACT CASES) KOZHIKODE //True copy//PA to Judge