Kaladharan vs State Of Kerala
2021 Latest Caselaw 20713 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                     THE HONOURABLE MR.JUSTICE V.G.ARUN
          Tuesday, the 5th day of October 2021 / 13th Aswina, 1943
                 IA.NO.1/2021 IN WP(C) NO. 1486 OF 2021(I)
PETITIONER/PETITIONER:

     KALADHARAN, AGED 55 YEARS S/O. PANGI, MALLANPARA HOUSE, PANTHALLUR,
     PALLAM DESOM, NELLAYI VILLAGE, MUKUNDAPURAM TALUK, NALLAYI P.O,
     THRISSUR DISTRICT-680 305

RESPONDENTS/RESPONDENTS:

  1. STATE OF KERALA , REPRESENTED BY SECRETARY, HOME DEPARTMENT,
     SECRETARIAT, THIRUVANANTHAPURAM-695 001
  2. THE DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT POLICE CHIEF,
     THRISSUR RURAL, THRISSUR DISTRICT, PIN-680 631
  3. THE SUB INSPECTOR OF POLICE, PUDUKKAD POLICE STATION, THRISSUR
     DISTRICT, PIN 680 301

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to enlarge the time
granted vide judgment dated 18-02-2021 for submitting the application
seeking further investigation before the jurisdictional Magistrate Court
for a further period of one week, in the interest of justice.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's judgment
dated 18-02-2021 and upon hearing the arguments of M/s,C.A.CHACKO,
SMT.C.M.CHARISMA, SHRI.ALEKH THOMAS, Advocates for the petitioner in
IA/WP(C), the court passed the following:
                                                V.G.ARUN, J.
                       ...................................................................
                                           I.A No.1 of 2021
                                                       IN
                                     W.P(C) No. 1486 of 2021
                      .....................................................................
                         Dated this the 5th day of October, 2021

                                                ORDER

By judgment dated 18.2.2021, the writ petition was

disposed of permitting the petitioner to submit an application

seeking further investigation within three weeks. This

interlocutory application is filed seeking extension of the time

limit by at least one week. The prevailing pandemic situation

and the resultant lockdown are projected as reasons for the

delay in submitting the application. In the judgment itself, it is

made clear that further investigation need be ordered only if the

trial has not commenced by framing of charges.

Being convinced of the reasons stated by the petitioner,

the time limit is extended by ten days, subject to the condition

that the application for further investigation need be

entertained by the learned Magistrate only if the trial has not

commenced.

Sd/-

V.G.ARUN JUDGE SJ

05-10-2021 /True Copy/ Assistant Registrar