Sebastian vs Alphonsa
2021 Latest Caselaw 15342 Ker

OP(Crl.) No.301/2016                          1/3

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                         THE HONOURABLE MR. JUSTICE SUNIL THOMAS
                  Thursday, the 22nd day of July 2021 / 31st Ashadha, 1943
                                  OP(CRL.) NO. 301 OF 2016

              CMP.NO.424/2015 IN MC.NO.163/2014 OF FAMILY COURT, TRIVANDRUM

                                    ------------------


   PETITIONER/PETITIONER IN CMP :


           SEBASTIAN

           AGED 52 YEARS, S/O LATE SWAMINADHAN @ JOSEPH

           AMBALATHUMOOLA PURAYIDOM, CHACHOATHU, ADIMALATHURA, TRIVANDRUM,

           REPRESENTED BY HIS NEXT FRIEND, WILFRED CULAS, AGED 62 YEARS,

           S/O. LATE ROCKIN CULAS, RESIDING AT TC 29/298, MRA 61,

           THENGAPPURA LANE, KAITHAMUKKU, TRIVANDRUM, PIN-695024.

           BY M/S. THOMAS M.JACOB, AKHIL K.MADHAV and T.R.JERRY SEBASTIAN,
           Advocates for the petitioner

   RESPONDENTS/RESPONDENT IN CMP & STATE :


    1.       ALPHONSA

             AGED 46 YEARS, D/O. ROSE MARY, ROSY BHAVAN,

             CATHEDRAL LANE, NEYYATTINKARA P.O., TRIVANDURM, PIN--695121

    2.       STATE OF KERALA

             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA

             BY M/S.R.ANILKUMAR and G.RADHAKRISHNAN, Advocates for the

             1st respondent

             BY THE PUBLIC PROSECUTOR for the 2nd respondent.



           OP(Criminal) having come up for order on 22/07/2021, upon persuing

    the letter dated 07/07/2021 from Judge, Family Court, Trivandrum and this

    Court's order dated 16/07/2020, the court on the same day passed the

    following.
 OP(Crl.) No.301/2016                         2/3




                                  SUNIL THOMAS, J.
                                 =================
                                O.P(Crl).No.301 of 2016
                                 =================
                            Dated this the 22nd day of July, 2021


                                         ORDER

This Court, by judgment dated 06.03.2020, directed the court

below to consider the question whether the person claimed to be

mentally challenged should be produced before the Medical Board

for examination or not. A time limit of one month was also

prescribed. Learned Judge, Family Court, Thiruvananthapuram by

his communication dated 07.07.2021 has informed that the

counsel for the respondent has filed a memo stating that the

respondent is missing. A copy of man missing FIR No.594/2017 by

Vizhinjam police station was also produced. The Court has

reported the above and sought for further directions.

In the light of the above registration of crime, there is no

possibility of the matter being taken up as directed by this Court.

Accordingly, SHO of Vizhinjam Police Station shall be instructed to

intimate the Court when the respondent therein is found out.

Hence, time limit prescribed by this Court will stand modified and

enquiry as directed by the Court shall be conducted within one OP(Crl.) No.301/2016 3/3

O.P(Crl).301/2016

month period thereafter. Court shall keep the matter adjourned

sine die.

Sd/-

SUNIL THOMAS Judge

Sbna/

22-07-2021 /True Copy/ Assistant Registrar