Mohammadali P.K vs State Of Kerala
2023 Latest Caselaw 10630 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                         OP(CRL.) NO. 31 OF 2023
 AGAINST THE ORDER IN CC 167/2022 OF JUDICIAL MAGISTRATE OF
                   FIRST CLASS COURT-I, PERINTHALMANNA


PETITIONER/COMPLAINANT:

             MOHAMMEDALI P.K., AGED 64 YEARS
             S/O ENUDHEEN, KUNHANAMKATTIL HOUSE, KUTTIPPURAM
             P.O, MALAPPURAM DISTRICT,, PIN - 679571
             BY ADV M.DEVESH


RESPONDENTS/STATE/ACCUSED:

    1        STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
             KERALA, PIN - 682031
    2        KONIKAL BAPPUTTY, AGED 46 YEARS
             S/O SAIDALAVI KONIKKAL, KUNIKKAL HOUSE, KUMBIDI
             (PO), ANAKKARA, PALAKKAD,, PIN - 679533
OTHER PRESENT:

             HRITHWICK CS PP


     THIS     OP    (CRIMINAL)   HAVING     COME    UP   FOR    ADMISSION   ON
16.10.2023,        THE   COURT   ON   THE    SAME    DAY       DELIVERED    THE
FOLLOWING:
 O.P(Crl).31/2023                            2




                   P. V. KUNHIKRISHNAN, J.
                -------------------------------------------
                      O.P(Crl). No.31 of 2023
                -------------------------------------------
             Dated this the 16th day of October, 2023

                                JUDGMENT

The above said Original Petition is filed with the following prayers:

a) To pass an order directing the JFCM Court-I, Perinthalmanna to dispose of C.C.No.167/2022 as expeditiously as possible with a time limit to be fixed by this Hon'ble Court pending disposal of this O.P(Crl).

b) To pass any other appropriate order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time.

2. When this Original Petition came up for consideration,

this Court directed the Registry to get a report from the trial court

about the time required to dispose the matter. The Judicial First

Class Magistrate-I, Perinthalmanna submitted a report. It will be

better to extract the relevant portion.

'I may further submit that the Court wherein I am employed is a Munsiff-Magistrate Court. Civil works are taken up during Mondays and Tuesdays. The service of Assistant Public Prosecutor is available during

Wednesday, Thursday and Friday. Cases under section 138 Negotiable Instruments Act and Protection of Women from Domestic Violence Act are considered during Saturdays. Hence considering the aforesaid facts and shorter number of sitting days for attending criminal works, I humbly request that ten months time from the date of framing charge may be granted for disposing the above case.'

3. In the light of the above report, this Original Petition can

be disposed of with the following directions:

a) The Judicial First Class Magistrate-I, Perinthalmanna will take necessary steps to see that the accused are appeared in this case, if necessary by taking coercive steps.

b) The Judicial First Class Magistrate Court-I, Perinthalmanna will dispose the matter as expeditiously as possible, at any rate within 10 months from the date of framing charge.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

APPENDIX OF OP(CRL.) 31/2023

PETITIONER ANNEXURES EXHIBIT P1 TRUE COPY OF FIR DATED 23.10.2012 IN CRIME NO.325/2012 ON THE FILE OF THE KOLATHUR POLICE STATION EXHIBIT P2 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF PERINTHALMANNA EXHIBIT P3 TRUE COPY OF THE FINAL REPORT DATED 29.07.2022 IN CC 167/2022 EXHIBIT P4 TRUE COPY OF DEMAND NOTICE DATED 10.10.2022