Subrahmanyan C vs K.Girijan
2021 Latest Caselaw 9332 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

   FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                      OP(Crl.).No.115 OF 2021

          CC 337/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS
                           -III,KOZHIKODE


PETITIONER/S:

               SUBRAHMANYAN C.
               AGED 62 YEARS
               S/O. RAMANKUTTY, RESIDING AT CHEMBAYIL HOUSE,
               PERUMANNA P.O, KOZHIKODE, PIN-673 019

               BY ADVS.
               SMT.MERSEENA VINCENT
               SRI.M.SANJEEVE

RESPONDENT/S:

      1        K.GIRIJAN
               AGED 49 YEARS
               S/O. KUNJIRAMAN, SIVADAM HOUSE, ERAMANGALAM,
               BALUSSERY, KOZHIKODE, PIN-673 612, (BALUSSERY
               POLICE STATION).

      2        SADANANDAN,
               AGED 53 YEARS
               MALARVADI FLATS, NEDUNGOTTUR, CIVIL STATION P.O,
               KOZHIKODE, PIN-673 020 (NADAKKAVE POLICE STATION).

      3        SHEELA T.,
               W/O. SADANANDAN, AGED 53 YEARS, MALARVADI FLATS,
               NEDUNGOTTUR, CIVIL STATION P.O, KOZHIKODE, PIN-673
               020, (NADAKKAVE POLICE STATION).

      4        STATE OF KERALA,
               REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA, KOCHI 31.


OTHER PRESENT:

               PP MAYA M.N.

     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(Crl.) No.115 of 2021

                                        -2-



                                 JUDGMENT

Dated this the 19th day of March, 2021

Petitioner is the complainant in C.C.No.337

of 2017 pending on the files of the Judicial

First Class Magistrate Court-III, Kozhikode,

filed against respondents 1 to 3, alleging

commission of offences punishable under Sections

499 and 500 r/w 34 of IPC. The grievance of the

petitioner is about the slow pace at which the

case is progressing. As per the averments in the

original petition, the complaint was filed on

08.01.2016 as CMP No.90 of 2016 and thereafter

numbered as CC No.337 of 2017. It is stated that

the petitioner is suffering from cardiac and

kidney related issues. It is submitted that,

despite the petitioner having taken necessary

steps, the respondents are purposefully dragging

the proceedings. This original petition is filed O.P.(Crl.) No.115 of 2021

seeking expeditious disposal of the case.

2. As per the report of the learned

Magistrate, when the case was posted for

proescution evidence, the complainant filed three

petitions as CMP Nos.3585, 3587 and 3588 of 2018

for producing documents. The above petitions are

adjourned to 13.04.2021 for hearing. According to

the learned Magistrate, it will be possible to

dispose the case within six months.

3. In view of the limited relief being

granted, notice to the respondents is dispensed

with.

In the light of the report, the original

petition is disposed of, directing the Judicial

First Class Magistrate-III, Kozhikode to decide

C.C.No.337 of 2017 within six months of receipt

of a copy of this judgment.

Sd/-

V.G.ARUN JUDGE Scl/19.03.2021 O.P.(Crl.) No.115 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF COMPLAINT IN CC NO.

337/2017 IN THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, KOZHIKODE.

EXHIBIT P2 TRUE COPY OF THE E COURT CASE STATUS AND PROCEEDINGS OF CC NO. 337/2017 IN THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT III, KOZHIKODE AND MARKED THE SAME AS EXHIIT P2.