Shivarama Pillai vs Sindhu Mol B
2021 Latest Caselaw 16923 Ker

OP(CRL.) NO. 237 OF 2021                   1


               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                  THE HONOURABLE MRS. JUSTICE SHIRCY V.
    THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                           OP(CRL.) NO. 237 OF 2021
 AGAINST THE ORDER/JUDGMENT IN MC 37/2019 OF JUDICIAL MAGISTRATE
          OF FIRST CLASS -I,NEDUMANGAD, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS 2 AND 3

     1       SHIVARAMA PILLAI
             AGED 74 YEARS
             10/597, SITHARA, POONKAVANAM, CHULLIMANOOR P.O.,
             NEDUMANGAD, THIRUVANANTHAPURAM- 695 541.
     2       KASTHURI BAI
             AGED 67 YEARS
             W/O.SHIVARAMA PILLAI, 10/597, SITHARA, POONKAVANAM,
             CHULLIMANOOR P.O., NEDUMANGAD, THIRUVANANTHAPURAM -
             695 541.
             BY ADV A.S.SHAMMY RAJ

RESPONDENTS/PETITIONER AND RESPONDENTS 1 AND 4

     1       SINDHU MOL B.
             AGED 32 YEARS
             W/O.REJITH, 10/1597, SITHARA, POONKAVANAM,
             CHULLIMANOOR P.O., NEDUMANGAD, THIRUVANANTHAPURAM -
             695 541.
     2       REJITH S.
             AGED 44 YEARS
             S/O.SHIVARAMAPILLAI, 10/597, SITHARA, POONKAVANAM,
             CHULLIMANOOR P.9O., NEDUMANGAD, THIRUVANANTHAPURAM -
             695 541.
     3       ASHOK KUMAR
             AGED 47 YEARS
             S/O.KUMARESHA PILLAI, TBGRI STAFF QUARTERS, PANGODU
             P.O., NEDUMANGAD, THIRUVANANTHAPURAM- 695 541.
             BY ADV N.BIJA KRISHNA

      THIS   OP    (CRIMINAL)     HAVING       COME   UP   FOR   ADMISSION   ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 237 OF 2021                    2


                                     JUDGMENT

The petitioners are the respondents in M.C.No.37 of 2019

pending before the Judicial First Class Magistrate Court-I,

Nedumangad. This original petition has been filed seeking the following

reliefs:

"i) that an order be passed directing the Judicial First Class Magistrate Court-I, Nedumangad, to finally hear and dispose of M.C.No.37 of 2019, within a time limit to be fixed by this Hon'ble Court.

And

ii) To grant such other reliefs as this Honourable Court deems fit and proper to grant in the facts and circumstances of the case."

2. When this Original Petition was admitted before this Court, I

have called for a report through Registry from the court concerned

regarding the time required for disposal of the case. The learned

Judicial First Class Magistrate-I, Nedumangad by a letter dated

9.8.2021 has submitted that three months time is required for disposal

of the case.

3. Considering the pendency of the case before the court I find

that there is justification for requesting three months time for disposal

of the case, though the case is filed under the Protection of Women

from Domestic Violence Act. Therefore, the request is accepted.

The learned Judicial First Class Magistrate-I, Nedumangad shall

dispose of M.C.No.37 of 2019 within a period of three months from the

date of receipt of a copy of this judgment.

Sd/-

SHIRCY V.

JUDGE smm

APPENDIX OF OP(CRL.) 237/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF C.M.P.NO.4866/2019 IN M.C.NO.37/2019 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEDUMANGAD DATED 6/11/2019.

Exhibit P2 TRUE COPY OF ORDER DATED 6/11/2019 IN C.M.P.NO.4866/2019 IN M.C.NO.37/2019 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEDUMANGAD.

Exhibit P3 TRUE COPY OF COUNTER AFFIDAVIT FILED BY THE PETITIONERS HEREIN IN M.C.NO.37/2019 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEDUMANGAD DATED 4/11/2020.