Citation : 2021 Latest Caselaw 23318 Ker
Judgement Date : 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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