Kerala High Court
Shamla Kabeer vs State Of Kerala on 8 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942
OP(Crl.).No.296 OF 2020
CC 1621/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
ALUVA
CRIME NO.666/2014 OF ELAMAKKARA POLICE STATION, Ernakulam
PETITIONER/S:
SHAMLA KABEER
AGED 51 YEARS
W/O.M.S.KABEER, SHAMLA MANZIL, EDAPALLY POST,
KOCHI- 682024.
BY ADVS.
SRI.E.C.AHAMED FAZIL
SRI.M.H.SALIM
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682031.
2 THE SUB INSPECTOR OF POLICE STATION
ELAMAKKARA, ELAMAKKARA POLICE STATION,
ERNAKULAM - 682 026.
3 SAALAAM @ BLAATHI SALAAM
S/O.ALIYAR, RESIDING IN QUARTERS OF VALYA
VEETIL NABEESA, NEAR KODIKUTHIMALA JUMA MASJID,
ALUVA - 683 101.
4 MEHBOOB
S/O.ALIKUNJU, RESIDING IN QUARTERS OF
BEERANPILLI, KARTHRIKOTTIL, VIA KAZHIVELI,
EDATHALA KARA, ALUVA EAST, ERNAKULAM - 683 561.
5 BABU
S/O.CHELLAPANASARI, ATATH VEEDU, NEAR UNNI DEVI
O.P.(Crl)No.296 of 2020
2
TEMPLE, KARIKKOT KARA, MULANTHURUTHI, ERNAKULAM
-682 314.
6 K.S.PRADEEP KUMAR
(AGE AND FATHERS NAME NOT KNOWN) SUB INSPECTOR
OF POLICE, ELAMAKKARA POLICE STATION, ERNAKULAM
- 682026.
7 SAJAN JOSEPH
(AGE AND FATHERS NAME NOT KNOWN), INSPECTOR OF
POLICE, KOCHI CITY POLICE, KALAMASSERY POLICE
STATION, ERNAKULAM - 682 021.
OTHER PRESENT:
PP T.R.RENJITH
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(Crl)No.296 of 2020
3
JUDGMENT
Dated this the 8th day of February, 2021
Petitioner is the de facto complainant (CW2)
in Crime No.666 of 2014 of Elamakkara Police
Station, pending as C.C.No.1621 of 2015 on the
files of the Judicial First Class Magistrate
Court-II, Aluva. The crime was registered on the
petitioner's complaint that, gold ornaments
weighing 103 sovereigns, having approximately
value of Rs.40 lakhs was stolen from her residence
on 22.09.2014. The crime was registered for
offences under Sections 457, 380, 461 and 34 of
IPC. During the course of investigation,
respondents 3 and 4 were arrayed as accused and
arrested. The trial in C.C No.1621 of 2015 has
commenced and almost all witnesses, except
respondents 5 to 7 have been examined. The prayer
O.P.(Crl)No.296 of 2020
in this original petition is for expeditious
disposal of C.C.No.1621 of 2015. The urgency
highlighted is the impending marriage of the
petitioner's daughter, before which she has to get
the stolen gold ornaments released.
2. In the report dated 19.10.2020 submitted
by the Judicial First Class Magistrate-II, Aluva,
it is stated that all witnesses, except CW22, CW28
and CW29 have been examined and summons has been
ordered to those witnesses.
3. The learned Counsel for the petitioner
submits that as on date, the examination of CW22
and CW28 is over and CW29 is bound over to
25.02.2021. According to the learned Counsel, with
the examination of CW29, prosecution evidence will
be complete.
Taking into account the present stage of the
case and the urgency expressed by the petitioner,
O.P.(Crl)No.296 of 2020
the Judicial First Class Magistrate-II, Aluva is
directed to take earnest efforts to dispose
C.C.No.1621 of 2015 within two months from the
date of receipt of a copy of this judgment.
The original petition is disposed of
accordingly.
Sd/-
V.G.ARUN
JUDGE
Scl/08.02.2021
O.P.(Crl)No.296 of 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF FINAL REPORT IN CRIME
NO.666 OF 2014 OF ELAMAKKARA POLICE
STATION, ERNAKULAM.
EXHIBIT P2 TRUE COPY OF ORDER SHEET IN CC NO.1621
OF 2015 ON THE FILES OF JUDICIAL FIRST
CLASS MAGISTRATE COURT-II, ALUVA.
