Baburajan vs Baburajan
2021 Latest Caselaw 2629 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MRS. JUSTICE SHIRCY V.

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                      OP(Crl.).No.13 OF 2021

 AGAINST THE ORDER/JUDGMENT IN MC 34/2020 OF JUDICIAL FIRST CLASS
                    MAGISTRATE COURT, PARAVUR


PETITIONERS/RESPONDENTS 2 & 3:

      1      BABURAJAN
             AGED 76 YEARS
             S/O.SADANANDAN, VIII/23, THAPOVANAM, CHERUNNIYOOR
             POST, VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT-
             695142, PRESENTLY RESIDING AT NELLIKKATTUKUZHI,
             PERINGAZHA, HMT COLONY POST, KALAMASSERI, ERNAKULAM
             DISTRICT-683503.

      2      LALI BABURAJ,
             AGED 64 YEARS
             W/O.BABURAJAN, VIII/23, THAPOVANAM, CHERUNNIYOOR
             POST, VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT-
             695142, PRESENTLY RESIDING AT NELLIKKATTUKUZHI,
             PERINGAZHA, HMT COLONY POST, KALAMASSERI, ERNAKULAM
             DISTRICT-683503.

             BY ADVS.
             SRI.G.P.SHINOD
             SRI.GOVIND PADMANAABHAN
             SHRI.AJIT G ANJARLEKAR

RESPONDENTS/PETITIONER & RESPONDENTS 1, 4, 5:

      1      DEEPTHI D.S.
             AGED 30 YEARS
             W/O.SREELARAJ, D.S.NIVAS, NEDUNGOLAM POST, PARAVOOR
             VILLAGE, KOLLAM DISTRICT-691334.

      2      SREELARAJ,
             AGED 40 YEARS
             S/O.BABURAJAN, VIII/23, THAPOVANAM, CHERUNNIYOOR
             POST, VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT-
             695142, PRESENTLY RESIDING AT NELLIKKATTUKUZHI,
             PERINGAZHA, HMT COLONY POST, KALAMASSERI, ERNAKULAM
             DISTRICT-683503.
 OP(Crl).No.13 of 2021

                                2


       3      SREEBA B.RAJ,
              AGED 38 YEARS
              W/O.SREERAM SREEDHARAN, TUTOR-BIOCHEMISTRY,
              CO-OPERATIVE MEDICAL COLLEGE, KALAMASSERI,
              ERNAKULAM-683503, (FROM THAPOVANAM, CHERUNNIYOOR
              VARKALA).

       4      SREERAM SREEDHARAN,
              AGED 37 YEARS
              S/O.SREEDHARAN, NELLIKKATTUKUZHI, PERINGAZHA,
              HMT COLONY POST, KALAMASSERI, ERNAKULAM DISTRICT-
              683503.(FROM THAPOVANAM, CHERUNNIYOOR VARKALA).


     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(Crl).No.13 of 2021

                                  3


                            JUDGMENT

Dated this the 22nd day of January 2021

The learned counsel for the petitioners submitted that the

court below has passed an interim order in the CMP

No.837/2020, but the CMP has not been finally disposed of.

2. As per the report dated 18.01.2021, it is reported by

the court below that only two months time is required for

disposal of the petition. Accepting the report, this original

petition is disposed of.

Therefore, CMP No.837/2020 in MC No.34/2020 shall

be disposed of by the learned Judicial First Class Magistrate

within a period of two months from the date of receipt of a

copy of this judgment.

Sd/-

SHIRCY V.

JUDGE mpm OP(Crl).No.13 of 2021

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 A TRUE COPY OF MC NO.34 OF 2020 DATED 24.09.2020 FILED BY THE 1ST RESPONDENT BEFORE THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE, SOUTH PARAVOOR, KOLLAM DISTRICT.

EXHIBIT P2 A TRUE COPY OF CMP NO.837/2020 IN MC NO.34 OF 2020 DATED 24.09.2020, FILED BY THE 1ST RESPONDENT BEFORE THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE, SOUTH PARAVOOR, KOLLAM DISTRICT.

EXHIBIT P3 A TRUE COPY OF ORDER DATED 24.09.2020 IN MC NO.34 OF 2020 OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE, SOUTH PARAVOOR, KOLLAM DISTRICT.

EXHIBIT P4 A TRUE COPY OF AGREEMENT DATED 03.11.2020 EXECUTED BY THE 1ST PETITIONER.

EXHIBIT P5 A TRUE COPY OF COMPLAINT DATED 24.12.2020, ALONG WITH THE RECEIPT ISSUED BY VARKALA POLICE STATION.

EXHIBIT P6 A TRUE COPY OF OBJECTION FILED BY THE RESPONDENTS IN MC NO.34/2020 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, SOUTH PARAVOOR, KOLLAM DISTRICT.

// TRUE COPY // P.A. TO JUDGE