Citation : 2021 Latest Caselaw 5391 Ker
Judgement Date : 15 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
OP(Crl.).No.339 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRA 175/2019 OF DISTRICT COURT &
SESSIONS COURT,KOTTAYAM
PETITIONER/RESPONDENT/COMPLAINANT:
RENUKA BOSE
AGED 36 YEARS
D/O.BOSE, VANDAKKAPARAMBIL (H),
KODUNGOOR, KOTTAYAM,
NOW RESIDING AT VANDAKKAPARAMBIL (H),
ILAMPALLYCHANTHA,
KODUNGOOR, VAZHOOR VILLAGE, KOTTAYAM-686504.
BY ADVS.
SRI.MANUEL KACHIRAMATTAM
SMT.MERRY GEORGE
RESPONDENTS/APPELLANTS/RESPONDENTS:
1 SHINO V.SAHADEV
AGED 42 YEARS
S/O. V.V.SAHADEVAN,
RESIDING AT VANDOPUMTHARA (H),
THIRUVARPPU VILLAGE, KOTTAYAM-686020.
2 V.V.SAHADEVAN,
AGED 68 YEARS
S/O.VELAYUDHAN,
RESIDING AT VANDOPUMTHARA (H),
THIRUVARPPU VILLAGE, KOTTAYAM-686020.
3 PONNAMMA SAHADEVAN,
AGED 59 YEARS
W/O.SAHADEVAN,
RESIDING AT VANDOPUMTHARA (H),
THIRUVARPPU VILLAGE, KOTTAYAM-686020.
4 SHIJINA SAJI,
AGED 35 YEARS
D/O.SAHADEVAN,
RESIDING AT VELANDHARA (H),
KARAPPUZHA, KOTTAYAM VILLAGE,
KOTTAYAM-686003.
OP(Crl.).No.339 OF 2020
2
5 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
BY ADV.
R1-4 BY ADV. SMT.AYSHA ABRAHAM
R1-4 BY ADV. SMT.ASHA P.NAIR
SRI.C.N.PRABHAKARAN, SR.PP
THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(Crl.).No.339 OF 2020
3
P.V.KUNHIKRISHNAN, J
--------------------------------
O.P(Crl) No.339 of 2020
-------------------------------
Dated this the 15th day of February, 2021
JUDGMENT
This original petition is filed with following prayers:
"(i) Call for all the records relating to the issuance of Exhibits P-6 Order passed by the Hon'ble Court of Sessions, Kottayam and set aside / quash the Exhibit P-6 Order.
(ii) Such other and further relief's as this Honourable Court deems fit to the facts and circumstance of the case."
Exhibit P6 is an order passed by the Sessions Court,
Kottayam in CMP No.2921/2019 in Crl.A.No.175/2019.
Criminal Appeal is filed against the Ext.P3 order passed
by the Gramanyayalaya, Pampady. The petitioner is
aggrieved by the stay order passed by the appellate court
as evident from Ext.P6.
2. Heard counsel for the petitioner and the counsel
for the contesting respondents.
3. After hearing both sides, I think this Original OP(Crl.).No.339 OF 2020
Petition can be disposed directing the appellate court to
dispose the appeal as expeditiously as possible.
4. Therefore, this Original Petition is disposed
directing the Sessions Court, Kottayam to dispose
Crl.A.No.175/2019 as expeditiously as possible at any
rate within two months from the date of receipt of a copy
of this judgment.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SCS OP(Crl.).No.339 OF 2020
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE PHOTOCOPY OF THE APPLICATION BEING THE M.C.W.P.O.NO.551/2018.
EXHIBIT P2 THE TRUE PHOTOCOPY OF THE OBJECTION FILED BY THE RESPONDENTS 1 TO 4 HEREIN IN M.C.NO.12/2018.
EXHIBIT P3 THE TRUE PHOTOCOPY ORDER IN M.C.NO.12/2018, IN THE FILES OF COURT OF NYAYADHIKARI IN CHARGE (PRINCIPAL MUNSIFF KOTTAYAM), GRAMANYAYALAYA, PAMPADY.
EXHIBIT P4 THE TRUE PHOTOCOPY OF THE MEMORANDUM OF APPEAL IN CRL.APPEAL NO.175/2019, IN THE FILES OF HON'BLE COURT OF SESSIONS, KOTTAYAM.
EXHIBIT P5 THE TRUE PHOTOCOPY OF THE CRL.M.P.NO.2921/2019 IN CRL.APPEAL NO.175/2019 IN THE FILES OF HON'BLE COURT OF SESSIONS, KOTTAYAM.
EXHIBIT P6 THE TRUE PHOTOCOPY OF THE ORDER DATED 27.11.2019 IN CRL.M.P.NO.2921/2019 IN CRL.APPEAL NO.175/2019, IN THE FILES OF HON'BLE COURT OF SESSONS, KOTTAYAM.
EXHIBIT P7 THE TRUE PHOTOCOPY OF THE MEMORANDUM OF APPEAL IN CRL.APPEAL NO.170/2019, IN THE FILES OF HON'BLE COURT OF SESSIONS, KOTTAYAM.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1 A TRUE COPY OF THE RECEIPT OF RS.10,000/-
DATED 24.11.2020
EXHIBIT R1 B TRUE COPY OF THE MEMO SHOWING PAYMENT OF RS.8,000/- DATED 4.3.2020
EXHIBIT R4 C TRUE COPY OF THE MEMO SHOWING PAYMENT OF RS 9,000/-DATED 15.2.2018 OP(Crl.).No.339 OF 2020
EXHIBIT R1 D TRUE COPY OF THE MEMO SHOWING PAYMENT OF RE.9,000 DATED 16.5.2018
EXHIBIT R1 E TRUE COPY OF THE MEMO SHOWING PAYMENT OF RS.5,000 DATED 4.7.2013
EXHIBIT R1 F TRUE COPY OF THE OP (G&W) NO.133 OF 2018 FILED BY THE IST RESPONDENT BEFORE THE FAMILY COURT, KOTTAYAM
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!