Suryakala vs State Of Kerala
2021 Latest Caselaw 17875 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE K.HARIPAL
   WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
                         OP(CRL.) NO. 240 OF 2021
CRL.M.P. NO.130/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I,
                                ALAPPUZHA
PETITIONER/PETITIONER:

            SURYAKALA
            AGED 29 YEARS
            W/O.PRADEEPKUMAR,
            PATHINALILCHIRA HOUSE,
            PERINGARA VILLAGE,
            ALAMTHURUTHI P.O.,
            THIRUVALLA.

            BY ADV. T.V.NEEMA


RESPONDENT:

            STATE OF KERALA
            REP. BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA,
            KOCHI - 682 031.


            BY SRI. T.R.RENJITH, SENIOR PUBLIC PROSECUTOR



     THIS     OP   (CRIMINAL)   HAVING     COME   UP   FOR   ADMISSION   ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(Crl.).No.240 OF 2021            2

                              JUDGMENT

This original petition is filed under Section 227 of the

Constitution seeking to issue appropriate direction to the Judicial

First Class Magistrate Court - I, Alappuzha to forward Ext. P1

complaint to the police under Section 156(3) of the Criminal

Procedure Code and to issue an appropriate direction to the

Magistrate to expedite the proceedings in Ext. P1 complaint.

2. I heard the learned counsel for the petitioner and also

the learned Senior Public Prosecutor.

3. The statement of facts indicate that the husband of the

petitioner had suffered serious injuries in a motor accident

happened on 16.12.2015. But the police did not take any action.

Thereafter, Ext.P1 complaint was preferred before the Judicial First

Class Magistrate - I, Alappuzha. The grievance of the petitioner is

that even though she had approached the court on numerous

occasions, due to misplacement of the file from the court, the court

is not taking any action on the complaint.

4. A report was called for from the Judicial First Class

Magistrate - I, Alappuzha. The report dated 12.08.2021 indicates

that even though the statement of the complainant under Section

200 of the Code of Criminal Procedure was recorded on

03.02.2016, on account of the negligence on the part of the

complainant/the petitioner, the court could not proceed to the stage

of collection of evidence under Section 202 of the Cr.P.C. The

report indicates that 15 consecutive postings were given to the

complainant for producing documents. The report also indicates

various dates on which the case stood posted, when either the

complainant or her counsel was not present in court. Whatever it

may be, the learned counsel submits that immediately after the

incident, the husband of the petitioner had obtained treatment from

a hospital at Mannancherry and thereafter, he was taken to Bharath

Hospital, Kottayam where he had undergone treatment, that the

petitioner is prepared to give sufficient material evidence in support

of the contentions.

5. This is a complaint preferred in the year 2016. From the

report, it is obvious that the learned Magistrate was not inclined to

forward the complaint to police for registration of a crime and

commencing investigation. At this distance of time, it will not be

appropriate for this Court to direct the Magistrate to forward the

complaint for investigation under Section 156(3) of the Code of

Criminal Procedure. It is only appropriate that the Magistrate

should dispose of the complaint within a stipulated period of time.

6. The learned counsel for the petitioner submits that the

petitioner is prepared to appear before the court on 10.09.2021. The

learned Magistrate is directed to take necessary evidence and

dispose of the complaint within a period of two months from that

date.

The Original Petition is disposed of as above. A copy of the

judgment shall be forwarded to the Judicial First Class Magistrate -

I, Alappuzha forthwith.

SD/-

K.HARIPAL

JUDGE

DCS/02.09.2021

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF CRL.M.P.130/16 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE-I, ALAPPUZHA.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 23/3/2021 ISSUED FROM JUDICIAL FIRST CLASS MAGISTRATE.