Lathika M.V vs State Of Kerala
2023 Latest Caselaw 1789 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE K. BABU
    WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                         OP(CRL.) NO. 68 OF 2023
    AGAINST CC 175/2017 OF CHIEF JUDICIAL MAGISTRATE, PALAKKAD
    (CRIME NO.731/2017 OF PALAKKAD TOWN SOUTH POLICE STATION)
PETITIONERS/2ND AND 3RD ACCUSED:

    1        LATHIKA M.V,
             AGED 54 YEARS,W/O NAGARAJAN,
             FF3, BLOCK C, SWAPNALOK, PARSNS, NANJUNDAPURAM,
             COIMBATORE, TAMIL NADU., PIN - 641024
    2        SHOBANA M.V,
             AGED 57 YEARS,
             W/O. SIVAJYOTHIRAM, FF3, BLOCK C, SWAPNALOK, PARSNS,
             NANJUNDAPURAM, COIMBATORE, TAMIL NADU., PIN - 641024
             BY ADVS.
             KRISHNA PRASAD. S
             SINDHU S KAMATH
             SWAPNA S.K.
             ROHINI NAIR
             SURAJ KUMAR D.


RESPONDENTS/STATE/DEFACTO COMPLAINANT:

    1        STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, PIN - 682031
    2        SINDHU B,
             AGED 44 YEARS,
             D/O. P. BALAKRISHNAN, 17/405, KRISHNA, BAGAVATHY NAGAR,
             MANAPULLIKAVU, PALAKKAD TOWN SOUTH,
             PALAKKAD., PIN - 678013
             BY ADV
             SRI. G.SUDHEER,PUBLIC PROSECUTOR


     THIS    OP    (CRIMINAL)   HAVING     COME    UP   FOR    ADMISSION    ON
01.02.2023,       THE   COURT   ON   THE    SAME    DAY       DELIVERED    THE
FOLLOWING:
 O.P(Crl) No.68 of 2023
                                           2

                                   K.BABU, J.
                    --------------------------------------
                             O.P(Crl) No.68 of 2023
                   ---------------------------------------
                     Dated this the 1st day of February, 2023

                                    JUDGMENT

The prayers in this Original Petition (Criminal) filed under

Article 227 of the Constitution of India are as follows:

"(I) Issue an order or direction to expedite all the proceedings in C.C No.175 of 2017 before the Chief Judicial Magistrate Court, Palakkad, within a time frame as expeditiously as possible, in the interest of justice.

(ii) Issue such other order or direction, as the Honourable Court deems fit and proper in the circumstances of the case.

(iii) Petitioners also pray that this Honourable Court may be pleased to dispense with the translation of the documents produced in the vernacular language."

2. The petitioners are accused Nos.2 and 3 respectively in

C.C No.175/2017 on the file of the Chief Judicial Magistrate Court,

Palakkad. The offence alleged against the petitioners is

punishable under Section 498-A read with Section 34 of IPC.

3. Heard the learned counsel for the petitioners and the

learned Public Prosecutor.

4. The learned counsel for the petitioners seeks expeditious

disposal of the Calendar Case as the matter is pending since 2017. O.P(Crl) No.68 of 2023

Therefore, the Chief Judicial Magistrate Court, Palakkad is

directed to dispose of C.C No.175/2017 as expeditiously as

possible, at any rate, within a period of six months from the date of

production of a certified copy of this judgment.

Sd/-

K.BABU, JUDGE KAS O.P(Crl) No.68 of 2023

APPENDIX OF OP(CRL.) 68/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PRIVATE COMPLAINT MADE IN C.M.P. NO.3694 OF 2017 DATED 13-06-2017.

Exhibit P2 A TRUE COPY OF THE FIR MADE IN CRIME NO.731 OF 2017 DATED 14-06-2017 ALONG WITH THE PRIVATE COMPLAINT FILED BY THE DEFACTO COMPLAINANT.

Exhibit P3 A TRUE COPY OF THE REPORT DELETING SECTION 323 AND 406 OF IPC BEFORE THE CHIEF JUDICIAL MAGISTRATE DATED 15-06- 2017.

Exhibit P4 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.731 OF 2017 DATED 14-08-2017.