Annie George vs Thresia @ Sister Tessy ...
2023 Latest Caselaw 9330 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
        FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                      OP(CRL.) NO. 591 OF 2023
  CMP 754/2021 OF JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM
PETITIONER/ PETITIONER :


            ANNIE GEORGE,
            AGED 54 YEARS, W/O KURIAKOSE,
            CURRENTLY RESIDING AT PARUNTHANANIYIL (H),
            MUTHALAKODAM P.O PATTAYAMKAVALA,
            NEAR MUNNA LODGE THODUPUZHA, IDUKKI,
            PIN - 685 605

            BY ADVS.
            JOSEPH KIRAN D. THEKKEKARA
            RESHMA S.MENON
            RESHMA R.NAIR
            MARIYA RINCY C.J.
            DAVIS PIUS
            NAZRIN HALLAJ
            ARUN ANTONY (K/1053/2011)
            JEO GEORGE


RESPONDENTS/ RESPONDENTS :


    1       THRESIA @ SISTER TESSY KIZHAKKEDATH,
            AGED 74 YEARS, D/O MANI VARKEY ,
            ST. MARY'S YERUSALEM CONVENT, PAYYANUR P.O,
            PIN - 670 501

    2       MARIYAM @ SISTER SOPHIYA KIZHAKKEDATH,
            D/O MANI VARKEY , AGED 73 YEARS,
            LITTLE FLOWER CONVENT, KURICHI PO.,
            CHANGANASSERY, PIN - 686 535

    3       GRACY JOHN,
            D/O MANI VARKEY AGED 61 YEARS,
            PALIYATH (H) AYAVANA P.O.,
            MUVATTUPUZHA, PIN - 686 668

    4       K.M JOHN,
            S/O MANI VARKEY, AGED 70 YEARS,
            KIZHAKKEDATH (H), PAINGOTTOOR,
 OP(CRL.) NO. 591 OF 2023
                                 2

            KOTHAMANGALAM, PIN - 686 671

    5       ELEY @ SISTER ELSIN KIZHAKKEDATH,
            D/O MANI VARKEY, F.C CONVENT 5-3-41,
            NISAM SAGAR ROAD, KAMAREDY,
            NISAMABADH, ANDHRA PRADESH - (LATE),
            PIN - 503 111

    6       CHINNAMMA,
            W/O K.M JOHN, AGED 69 YEARS,
            KIZHAKKEDATH (H), PAINGOTTOOR P.O,
            KOTHAMANGALAM, PIN - 686 671

    7       SHINTO JOHN,
            S/O K.M JOHN, AGED 44 YEARS,
            KIZHAKKEDATH (H) PAINGOTTOOR P.O,
            KOTHAMANGALAM, PIN - 686 671

    8       STATE OF KERALA,
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM,
            PIN - 682 031



            BY SRI.NOUSHAD K.A., PUBLIC PROSECUTOR


     THIS   OP   (CRIMINAL)   HAVING   COME   UP   FOR   ADMISSION   ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 591 OF 2023
                                      3

                     BECHU KURIAN THOMAS, J.
                       =-=-=-=-=-=-=-=-=-=-=-=-=
                        O.P.(Crl) No.591 of 2023
                       =-=-=-=-=-=-=-=-=-=-=-=-=
                  Dated this the 25th day of August, 2023


                                JUDGMENT

Petitioner complains that she had approached the Judicial First Class

Magistrate's Court-II, Kothamangalam with a complaint as early as in

2021. The said complaint numbered as C.M.P.No.754 of 2021 has been

pending consideration for the last more than two years without any

orders being passed.

2. Taking note of the circumstances mentioned above, this Court

directed a report to be called from the learned Magistrate. As per

communication dated 19.08.2023, it is informed that the statement of

witnesses were taken and that since the hearing is necessary, several

chances were given to the learned counsel appearing for the complainant,

but the hearing could not be completed.

3. Having regard to the nature of allegations and also the fact that

it is only at the complaint stage, a long delay of two years cannot be

justified. The very purpose of the complaint can be defeated if at the

initial stage of deciding whether to proceed with the complaint or not,

such long delays are occasioned. If either the complainant or the

witnesses or even the counsel are not appearing, measures are available

under the Code of Criminal Procedure, 1973 to proceed in accordance OP(CRL.) NO. 591 OF 2023

with law. Therefore, the prayer of the petitioner for a speedy disposal of

CMP No.754 of 2021 before the Judicial First Class Magistrate's Court-II,

Kothamangalam is justified.

4. Accordingly, there will be a direction to the Judicial First Class

Magistrate's Court-II, Kothamangalam to dispose of CMP No.754 of 2021,

as expeditiously as possible, at any rate, within a period of two months

from the date of receipt of a copy of this judgment.

The original petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM OP(CRL.) NO. 591 OF 2023

APPENDIX OF OP(CRL.) 591/2023

PETITIONER'S EXHIBITS :

Exhibit P 1 A TRUE COPY OF THE MARRIAGE CERTIFICATE OF UNCLE AND AUNT OF THE PETITIONER IS HEREBY SUBMITTEDDATED;26/11/1986

Exhibit P 2 TRUE COPY OF DEATH CERTIFICATE OF THE PETITIONER'S AUNT MRS. ROSILY IS HEREBY SUBMITTED DATED 09/12/2019

Exhibit P3 A TRUE COPY OF THE COMPLAINT PREFFERED BEFORE THE ERNAKULAM DISTRICT POLICE CHIEF (RURAL) IS BEING PRODUCED DATED 20/01/2021

Exhibit P4 A TRUE COPY OF THE PRIVATE COMPLAINT IN C MP.754/2021 PREFFERED BY THE PETITIONER HEREIN IS BEING PRODUCED DATED 10/09/2021