Citation : 2021 Latest Caselaw 12755 Ker
Judgement Date : 7 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
MONDAY, THE 7TH DAY OF JUNE 2021 / 17TH JYAISHTA, 1943
OP(CRL.) NO. 197 OF 2021
CMP 1561/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
CHERTHALA
PETITIONER/COMPLAINANT:
ANNIE A.T.
AGED 55 YEARS
W/O. THOMAS, ARESSERIL HOUSE, ARTHUNKAL P.O,
CHERTHALA, ALAPPUZHA, KERALA - 688530.
BY ADV V.MAHENDRANATH
RESPONDENTS/RESPONDENTS & STATE:
1 STATE OF KERALA
REPRESENTED BY THE GOVERNMENT PLEADER, HIGH COURT
OF KERALA, ERNAKULAM, KOCHI - 682031.
2 SHIJO SHAJI
KALAPPURAKKAL HOUSE, POONJAR, EERATTUPETTA,
KOTTAYAM - 686121.
SMT MAYA M N-PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
07.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(Crl) No.197/2021
2
R.NARAYANA PISHARADI, J
**********************
O.P.(Crl) No.197 of 2021
-------------------------------------
Dated this the 7th day of June, 2021
-------------------------------------------
JUDGMENT
This original petition is filed under Article 227 of the
Constitution of India seeking a direction to the lower court to
consider and dispose of Ext.P2 application filed by the petitioner
in that court within a time frame to be fixed by this Court.
2. Considering the nature of the relief prayed for and the
order proposed to be passed in this petition, notice to the second
respondent is dispensed with.
3. A report was called for by this Court from the Judicial
First Class Magistrate-II, Cherthala with regard to the period
required for disposal of Ext.P2 application by that court. The
learned Magistrate, in his letter dated 04.06.2021, has stated O.P.(Crl) No.197/2021
that a period of two weeks is required to dispose of the
application.
4. Consequently, the original petition is disposed of as
follows:
The Judicial First Class Magistrate-II, Cherthala is directed
to dispose of the application C.M.P.No.1561/2021 (Ext.P2) within
a period of two weeks from the date of production of a certified
copy of this judgment in that Court.
(sd/-) R.NARAYANA PISHARADI, JUDGE
jsr O.P.(Crl) No.197/2021
APPENDIX OF OP(CRL.) 197/2021
PETITIONER ANNEXURE
EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT DATED 23.04.2021 OF THIS HON'BLE COURT IN W.P(C) 9229/2021 EXHIBIT P2 THE TRUE COPY OF THE CMP 1561/2021 DATED 28.04.2021 PENDING BEFORE THE JFCM-II, CHERTHALA
RESPONDENT'S ANNEXURE
NIL
TRUE COPY
PS TO JUDGE
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