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K.Sadasivan vs Immanuel Aviation And Cargo ...
2021 Latest Caselaw 23318 Ker

Citation : 2021 Latest Caselaw 23318 Ker
Judgement Date : 25 November, 2021

Kerala High Court
K.Sadasivan vs Immanuel Aviation And Cargo ... on 25 November, 2021
                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT
                        THE HONOURABLE MR. JUSTICE K.HARIPAL
         Thursday, the 25th day of November 2021 / 4th Agrahayana, 1943
                            OP(CRL.) NO. 382 OF 2019

      ST.No.665/2017 of the JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA

PETITIONER/COMPLAINANT :

      K.SADASIVAN,

      AGED 70 YEARS, S/O. KUNJUKRISHANA,

      SOUPARNIKA, MARKET ROAD, THRIPUNITHURA P.O.,

      ERNAKULAM DISTRICT, PIN - 682 301.




      BY SRI.M.G.SREEJITH, Advocate for the petitioner

RESPONDENTS/ACCUSED :

11.   M/S. IMMANUEL AVIATION & CARGO SERVICES PVT.LTD.,

      AIKKERETH BUILDING, NAYANTHODE JN., AIRPORT-KALADY VIA.,

      NAYANTHODE P.O., ERNAKULAM DISTRICT, PIN-683 572,

      AND HAVING REGISTERED OFFICE AT 132/15, NOOR POINT, BANK JN.,

      ALUVA, PIN- 683 101, REPRESENTED BY ITS MANAGING DIRECTOR

      V.K.VIJAYAN


22.   V.K. VIJAYAN,

      S/O. KUNJAN, MANAGING DIRECTOR OF M/S. IMMANUEL AVIATION &

      CARGO SERVICE PVT.LTD., RESIDING AT SATKRITI, KUMLIMANGALAM,

      EDAT P.O., PAYANNUR, KANNUR DISTRICT, PIN-670 327.


33.   RAMESH S.,

      S/O.SIVASANKARAN NAIR, MANAGER,

      M/S.IMMANUEL AVIATION & CARGO SERVICES PVT.LTD.,
       AIKKERATH BUILDING, NAYATHODE P.O., ERNAKULAM DISTRICT

      PIN- 683 572, AND HAVING REGISTERED OFFICE AT 132/15, NOOR POINT

      BANK JN., ALUVA, PIN-683 101, RESIDING AT 28D (10/169A), VARAKATH,

      MANIKKAMANGALAM, KALADY, ERNAKULAM-683 574.


44.   WILLIAM GEORGE

      DIRECTOR, M/S.IMMANUEL AVIATION & CARGO SERVICES PVT.LTD.,

      AIRPORT- KALADY VIA., NAYATHODE P.O., ERNAKULAM DISTRICT, PIN-683 572

      AND HAVING REGISTERED OFFICE AT 132/15, NOOR POINT, BANK JN.,

      ALUVA, PIN-683 101


55.   ROSY WILLIAM,

      DIRECTOR, M/S.IMMANUEL AVIATION & CARGO SERVICES PVT.LTD.,

      AIKKERETH BUILDING, NAYATHODE P.O.JN., AIRPORT KALADY VIA.,

      NAYANTHODE P.O., ERNAKULAM DISTRICT, PIN-683 572 AND HAVING

      REGISTERED OFFICE AT 132/15, NOOR POINT, BANK JN., ALUVA, PIN-683 101


66.   V.R.LENIL KUMAR,

      S/O.V.N. RAVEENDRAN, DIRECTOR, M/S.IMMANUEL AVIATION &

      CARGO SERVICES PVT.LTD., AIKKERETH BUILDING, NAYATHODE JN.,

      AIRPORT -KALADY VIA., NAYANTHODE P.O., ERNAKULAM DISTRICT, PIN-683 572

      AND HAVING REGISTERED OFFICE AT 132/15, NOOR POINT BANK JN., ALUVA,

      PIN-683 101, RESIDING AT VALLOORAKATHOOTTU HOUSE,

      KIDANGOOR P.O., ANGAMALY, PIN-683 101.


      OP (Criminal) having come up for orders on 25/11/2021, upon perusing the

letter dated 15/11/2021 from Judicial First Class Magistrate-II, Aluva and this

Court's order dated 01/09/2021, the court on the same day passed the following.
                             K. HARIPAL , J.
                ---------------------------------------------
                       O.P.(Crl.) No.382 of 2019
                ---------------------------------------------
               Dated this the 25th day of November, 2021

                                ORDER

This original petition was disposed of on 09.10.2019 directing the

learned Magistrate to expedite the proceedings in S.T. No.665/2017

and dispose of the same within a period of six months from the date of

receipt of a copy of the judgment. Later, on numerous occasions,

extensions of time were granted. At last, on the request dtd.12.8.2021

from the learned Magistrate, by order dated 01.09.2021 a further

extension of three months was granted for disposal of the case. That

period expires on 30.11.2021.

The learned Magistrate has given a detailed report stating the

reason for the delay in disposing the case. It has come out that

meanwhile Crl.M.C.4423/2020 was filed by one of the parties in which

the proceedings stood stayed for some time. After disposal of that

Crl.M.C., witnesses were examined and at the final stage the 6 th

accused had filed an application for sending the disputed document for

opinion of the handwriting expert; now the expert's opinion also has

been obtained and the expert has already been examined in part. The

case now stands posted for completing the examination of the

handwriting expert. In the circumstances, the learned Magistrate has

sought for two more months' time for disposal of the case.

After considering the report in detail, the said request for

extension of time can be granted. The learned Magistrate is granted

two more months' time for the disposal of S.T. No. 665/2017.

Sd/-

K. HARIPAL JUDGE okb/25.11.21

25-11-2021 /True Copy/ Assistant Registrar

 
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