Hareesh Mahadevan vs Beatrice Periera @ Rajani
2022 Latest Caselaw 6508 Ker

O.P.(Crl.).No.253/22                     1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
                           OP(CRL.) NO. 253 OF 2022
      AGAINST THE ORDER/JUDGMENT IN CC 1236/2021 OF JUDICIAL
                 MAGISTRATE OF FIRST CLASS -II,ATTINGAL
PETITIONER/PETITIONER:

              HAREESH MAHADEVAN,
              AGED 54 YEARS,
              S/O.MAHADEVA IYER,
              ERA 38, NANDANAM, KAZHAKOOTTAM,
              THIRUVANANTHAPURAM, PIN - 695 022.

              BY ADVS.
              P.N.MOHANAN
              C.P.SABARI
              AMRUTHA SURESH
              GILROY ROZARIO


RESPONDENTS/RESPONDENTS:

      1       BEATRICE PERIERA @ RAJANI,
              AGED 38 YEARS,
              "PIRAVI" ST.JUDE LINE,
              PALLITHURA,
              THIRUVANANTHAPURAM, PIN - 695 586.

      2       ATHIRA V.R.,
              AGED 40 YEARS,
              W/O.AJAYAN, AGED 40 YEARS,
              SANTHI NAGAR, SASTHAVATTAM,
              THIRUVANANTHAPURAM, PIN - 695 305.

      3       STATE OF KERALA,
              REPRESENTED BY PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA, PIN - 682 031.


       THIS    OP      (CRIMINAL)   HAVING    COME   UP   FOR   ADMISSION   ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(Crl.).No.253/22                  2

                              ORDER

The prayer sought for by the petitioner is for an early disposal

of C.C.No.1236 of 2021, pending before the Judicial First Class

Magistrate Court-II, Attingal, in which he is an accused. It is

discernible from the records that the prayer sought for by the

petitioner was considered earlier and it culminated in Ext.P4

judgment, wherein the request for early disposal was turned down.

It is evident from Ext.P4 that, upon seeking report, the learned

Magistrate responded that taking in to account the huge pendency

of the cases before him, it would take at least three years to dispose

of this Calendar Case, which is of the year 2021. The aforesaid

order is passed only on 15.02.2022.

In such circumstances, I do not find any scope to entertain this

original petition and accordingly it is dismissed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/8.6.22

APPENDIX OF OP(CRL.) 253/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE PLAINT DATED 06.08.2020 SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, ATTINGAL, THIRUVANANTHAPURAM.

Exhibit P2 A TRUE COPY OF THE SWORN STATEMENT DATED 10.02.2021 OF THE WITNESS OF SECRETARY, INDIAN COFFEE HOUSE.

Exhibit P3 A TRUE COPY OF THE SWORN STATEMENT DATED 10.02.2021 OF THE WITNESS OF SRI.VISHNU, MANAGER, SOUTH INDIAN BANK.

Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 15.2.2022 IN OP (CRL) NO: 31/2022

Exhibit P5 A TRUE COPY OF THE DEMAND NOTICE DATED 2.12.2019 ISSUED BY THE INDIAN COFFEE BOARD WORKERS' CO-OPERATIVE SOCIETY LTD NO: 4227 TO THE SECOND RESPONDENT