Sasidharan vs Thiruvuthamcore Devaswom Board - ...
2022 Latest Caselaw 9052 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                     OP(CRL.) NO. 301 OF 2022
AGAINST THE ORDER/JUDGMENTCMP 4065/2018 OF JUDICIAL MAGISTRATE OF
                     FIRST CLASS -II, HARIPAD
PETITIONER/COMPLAINANT:

          SASIDHARAN
          AGED 60 YEARS, S/O RAMAN
          POTHAPPALLY SOUTH, KUMARAPURAM VILLAGE,
          KARTHIKAPPALLY TALUK, KUMARAPURAM P.O.,
          ALAPPUZHA DISTRICT,, PIN - 690548

          BY ADV A.ABDUL LATHEEF


RESPONDENTS/RESPONDENTS:

    1     THIRUVUTHAMCORE DEVASWOM BOARD
          REPRESENTED BY ITS SECRETARY
          NANTHANCODE.P.O., THIRUVANANTHAPURAM DISTRICT,
          PIN - 695003

    2     DEVASWOM COMMISSIONER
          THIRUVITHAMCORE DEVASWOM BOARD,
          NANTHANCODE.P.O., THIRUVANANTHAPURAM DISTRICT,
          PIN - 695003

    3     DEVASWOM ASSISTANT COMMISSIONER
          THIRUVITHAMCORE DEVASWOM BOARD,
          A.C.OFFICE,MAVELIKKARA.P.O., ALAPPUZHA DISTRICT,
          PIN - 690101

    4     DEVASWOM ASSISTANT COMMISSIONER
          THIRUVITHAMCORE DEVASWOM BOARD
          HARIPAD.P.O., ALAPPUZHA DISTRICT,
          PIN - 690514

    5     YESHODHARAN
          S/O RAMAN,
          LAL BHAVANAM, ERIKKAV.P.O.,
          KUMARAPURAM VILLAGE,
          KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT,
          PIN - 690516
 OP(CRL.) NO. 301 OF 2022
                                 2




         ADV C S HRITHWIK-SR PP


     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
27.07.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP(CRL.) NO. 301 OF 2022
                                  3

                              JUDGMENT

On the basis of a complaint submitted by the petitioner the

Haripad Police has registered Crime No.978/2017, against the

respondents 1 to 5. The Police conducted an investigation and filed

a refer report in the said crime. Thereafter, the petitioner submitted

Ext.P1 protest complaint before the Judicial First Class Magistrate

Court II, Haripad which is numbered as C.M.P. No.4065/2018. The

grievance highlighted by the petitioner in this original petition is

that, the aforesaid application is even now pending consideration

and he seeks for a direction to the learned Magistrate to expedite the

same, and dispose of within a time frame.

2. When this original petition came up for consideration

before this Court on 27.06.2022 a report was called for from the

learned Magistrate as to the status of the aforesaid C.M.P. and also

as to the time required for completing the same. In response to the

same, a detailed report has been placed on record by the learned

Magistrate wherein the steps so far taken in the aforesaid C.M.P.

has been mentioned and it is also stated that earnest efforts shall be

taken to dispose of the C.M.P. in a time bound manner at least OP(CRL.) NO. 301 OF 2022

within a period of one month.

After perusing the contents of the report submitted by the

learned Magistrate, and also taking into account other relevant

aspects, I am of the view that, a direction can be issued to complete

the proceedings within a period of two months. Accordingly, this

original petition is disposed of directing the Judicial First Class

Magistrate Court II, Haripad to dispose of C.M.P. No.4065/2018

within a period of two months from the date of production of a copy

of this judgment.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE scs OP(CRL.) NO. 301 OF 2022

APPENDIX OF OP(CRL.) 301/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE C.M.P. NO. 4065 OF 2018 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT -II, HARIPAD Exhibit P2 TRUE COPY OF THE REPORT WAS ISSUED TO THE PETITIONER UNDER RIGHT TO INFORMATION ACT DATED 28/07/2011 Exhibit P3 TRUE COPY OF THE DEPOSITION BY THE 3RD RESPONDENT IN THE CRL. M.P. IN THE YEAR 2018 (CRL.M.P. 4065/2018) BEFORE THE JFMC - II HARIPAD