Gopakumar B Nair vs State Of Kerala
2021 Latest Caselaw 16487 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                       THE HONOURABLE MR. JUSTICE ASHOK MENON

         THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943

                                 WP(C) NO. 1541 OF 2020

PETITIONER:

               GOPAKUMAR B NAIR,
               AGED 56 YEARS,
               S/O.THE LATE N.BALAKRISHNAN NAIR,
               TC 5/2560,
               GOLF LINKS ROAD,
               KOWDIYAR,
               THIRUVANANTHAPURAM, PIN-695003

               BY ADVS.
               C.S.MANU
               SRI.S.K.PREMRAJ


RESPONDENTS:

     1         STATE OF KERALA,
               REPRESENTED BY THE SECRETARY DEPARTMENT OF HOME,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001

     2         COMMISSIONER OF POLICE,
               OFFICE OF THE COMMISSIONER OF POLICE, THYCAUD,
               THIRUVANANTHAPURAM CITY,
               THIRUVANANTHAPURAM, PIN-695014

     3         STATION HOUSE OFFICER,
               MUSEUM POLICE STATION,
               SOORYAKANTHI ROAD,
               KANAKA NAGAR, NANTHANCODE,
               THIRUVANANTHAPURAM, PIN-6950331

               BY ADV GOVERNMENT PLEADER


OTHER PRESENT:

               SRI.C.S.HRITHWIK - SR.PP



      THIS     WRIT   PETITION     (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON

05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C)No.1541 of 2020

                                            2




                                     JUDGMENT

Dated this the 05th day of August, 2021

The petitioner is the defacto complainant in C.M.P.

No.553 of 2021 pending on the files of the Chief Judicial

Magistrate, Thiruvananthapuram, for alleging offence punishable

under Sections 506, 380, 391, 441, 442 read with Section 34 of

the IPC against the accused named therein.

2. It is stated that the complaint was filed on 19.04.2021.

But, no steps have been taken to proceed with the petition. A

report was called for from the Chief Judicial Magistrate,

Thiruvananthapuram, and it is reported that because of the lock

down and pandemic situation, the matter got adjourned to several

days. It has been notified for hearing on 24.08.2021. The

petitioner is concerned with the proceeding of the complaint

against the accused. And, therefore, seeks expeditious disposal of

the C.M.P.

W.P(C)No.1541 of 2020

The learned Chief Judicial Magistrate,

Thiruvananthapuram, is directed to dispose of C.M.P. No.553 of

2021 as expeditiously as possible at any rate within a period of

one month from the date of receipt of the order of this Court.

Sd/-

ASHOK MENON JUDGE

NR/05/08/2021 W.P(C)No.1541 of 2020

APPENDIX

PETITIONER'S EXHIBITS EXHIBIT P-1 TRUE COPY OF THE COMPLAINT DATED 18.1.2020 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT

EXHIBIT P-2 TRUE COPY OF THE COMPLAINT DATED 19.1.2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT BY E-MAIL

EXHIBIT P-3 TRUE COPY OF INDIAN PASSPORT BEARING NO.Z-2943983 ISSUED IN FAVOUR OF THE PETITIONER ON 19-8-2014.

EXHIBIT P-4 TRUE COPY OF INDIAN PASSPORT NO.E-8820312 ISSUED IN FAVOUR OF THE PETITIONER ON 6-5-2004.

EXHIBIT P-5 TRUE COPY OF INDIAN PASSPORT NO. K-1684653 ISSUED IN FAVOUR OF THE PETITIONER ON 6-1-2012.

EXHIBIT P-6 TRUE COPY OF ELECTORAL IDENTITY CARD BEARING NO.

FVM1350560 WHICH WAS ISSUED IN FAVOUR OF THE PETITIONER ON 9-4-2003.

EXHIBIT P-7 TRUE COPY OF AADHAR CARD BEARING NO.4821 7579 1141 ISSUED IN FAVOUR OF THE PETITIONER.

EXHIBIT P-8 TRUE COPY OF THE CERTIFICATE ISSUED BY KERALA STATE CO-OPERATIVE BANK DATED 22-1-2020 IN FAVOUR OF THE PETITIONER.

EXHIBIT P-9(a) TRUE COPY OF TELEPHONE BILL DATED 5-8-2019 ISSUED IN FAVOUR OF THE PETITIONER.

EXHIBIT P-9(b) TRUE COPY OF TELEPHONE BILL DATED 5-10-2019 ISSUED IN FAVOUR OF THE PETITIONER.

EXHIBIT P-9(c) `TRUE COPY OF TELEPHONE BILL DATED 5-12-2019 ISSUED IN FAVOUR OF THE PETITIONER.

EXHIBIT P-10 TRUE COPY OF THE INCOME TAX RETURN DATED 29-3-

2019 FILED BY THE PETITIONER FOR THE ASSESSMENT YEAR 2018-2019.

EXHIBIT P-11 TRUE COPY OF LETTER DATED 7-1-2019 RECEIVED BY THE PETITIONER.

W.P(C)No.1541 of 2020

EXHIBIT P-12 TRUE COPIES OF PHOTOGRAPHS WHICH ARE UPLOADED IN THE WEBSITE OF THE REGISTRAR OF COMPANIES.

EXHIBIT P-13 TRUE COPY OF COMMON JUDGEMENT DATED 19-3-2021 IN CMA NO.129 OF 2020 AND CMA NO.130 OF 2020 PASSED BY THE ADDITIONAL DISTRICT JUDGE-I, THIRUVANANTHAPURAM

EXHIBIT P-14 TRUE COPY OF COMPLAINT PREFERRED BY SECURITY STAFF A.KUNJUMON, RESHMANIWAS, OTTOOR, PIN-695611 ON 11-2-2020 BEFORE THE HON'BLE CHIEF MINISTER OF KERALA

EXHIBIT P-15 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE COURT OF CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM, TAKEN ON FILE AS CRL.MP NO.553 OF 2021 ON THE FILE OF THE SAID COURT.

                 //TRUE COPY//   PA       TO JUDGE