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Renuka Bose vs Renuka Bose
2021 Latest Caselaw 5391 Ker

Citation : 2021 Latest Caselaw 5391 Ker
Judgement Date : 15 February, 2021

Kerala High Court
Renuka Bose vs Renuka Bose on 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

 
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