Kerala High Court
Sureshkumar V.K vs The State Of Kerala on 22 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
OP(CRL.) NO. 483 OF 2021
IN C.C.NO.1390/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -III,
THIRUVANANTHAPURAM
PETITIONER/COMPLAINANT:
SURESHKUMAR V.K.,
AGED 54 YEARS,
S/O. MR. V. KARUNAKARAN NAIR, T.C.51/2279,
KARIYARATHALAKKAL PUTHEN VEEDU, KONKALATH, ARAMADA P.O.,
THIRUVANANTHAPURAM.
BY ADV. SRI.NAVEEN RADHAKRISHNAN
RESPONDENTS/SOLE ACCUSED:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 032.
2 PUSHPA AJAYAKUMAR,
AGED 55 YEARS,
W/O. MR.AJAYAKUMAR, 127/A, SREE RENJINI, DEVAPALAN NAGAR,
PEROORKADA P.O., THIRUVANANTHAPURAM-695 005.
R1 BY SMT. SEENA C, PUBLIC PROSECUTOR
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(Crl.) No.483 of 2021
2
JUDGMENT
Dated this the 22nd day of March, 2022
In the Original Petition, the prayer of the petitioner is for a
direction to Judicial First Class Magistrate Court III,
Thiruvananthapuram to dispose of C.C.No.1390/2017 in a time
bound manner.
2. A report was called for from the Judicial Officer holding
the Office of Judicial First Class Magistrate Court-III,
Thiruvananthapuram and it was reported that in the case notice
was issued to the accused by registered post and on 27.09.2019
and 07.12.2019, the complainant and accused were absent, but
counsel representing them applied for getting their absence
condoned. Thereafter, the case stands posted by notifications and
the last posting date was 02.03.2022. What happened on
02.03.2022 is not known to this Court.
3. The reason for seeking expeditious disposal is
petitioner's heart ailment and the consequent treatment.
O.P(Crl.) No.483 of 2021
In the above circumstances, this Court is inclined to allow the
Original Petition and to direct Judicial First Class Magistrate Court
III, Thiruvananthapuram to dispose of C.C.No.1390/2017 pending
on its file within a period three months from this day.
In the result, O.P(Crl) stands allowed.
Sd/-
MARY JOSEPH
JUDGE
NAB
O.P(Crl.) No.483 of 2021
APPENDIX OF OP(CRL.) 483/2021
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE COMPLAINT AS CC
NO.1390/2017 BEFORE JUDICIAL FIRST CLASS
MAGISTRATE COURT III, THIRUVANANTHAPURAM
DATED 20/11/2017.
Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED
BY THE SREE CHITRA THIRUNAL INSTITUTE OF
MEDICAL SCIENCES AND TECHNOLOGY,
THIRUVANANTHAPURAM.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P A TO JUDGE
O.P(Crl.) No.483 of 2021
APPENDIX OF WP(C) 798/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED
31.12.2018.
EXHIBIT P2 TRUE COPY OF THE F.I.R. NO.174/2019 ALONG
WITH THE F.I. STATEMENT DATED 14.2.2019
OF KANAKAKUNNU POLICE STATION.
EXHIBIT P3 TRUE COPY OF THE COMPLAINT GIVEN TO THE
SC/ST COMMISSION, THIRUVANANTHAPURAM
DATED 27.6.2019.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 6.11.2019 OF
THE SC/ST COMMISSION, THIRUVANANTHAPURAM.
EXHIBIT P5 TRUE COPY OF THE ENQUIRY REPORT DATED
22.11.2018.
EXHIBIT P6 TRUE COPY OF THE RECEIPT FOR PROPERT
INVESTIGATION DATED 6.11.2019.
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED
09/06/2020.
