Kerala High Court
Susamma Koshy vs State Of Kerala on 29 February, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
OP(CRL.) NO. 188 OF 2024
CRIME NO.254/2022 OF Mavelikkara Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.322 OF 2022 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, MAVELIKKARA
PETITIONER:
SUSAMMA KOSHY
AGED 83 YEARS
W/O.LATE P.J.JOHN, PUTHENTHARAYIL HOUSE, IRAVANKAVU,
THAZHAKKARA, KUNNUR.P.O, MAVELIKKARA TALUK, ALAPPUZHA
DISTRICT, PIN - 690102
BY ADVS.
R.PADMAKUMAR
M.S.BREEZ
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 T.E.THOMAS
AGED 88 YEARS
S/O.ESO, PAINUMOOTTIL HOUSE, ASHOKA ROA, KALOOR,
ERNAKULAM, KOCHI, PIN - 682017
3 MADHU
S/O.GOPI, M.S.SADANAM HOUSE, CHERIYANAD PADINJATTUM
MURI, CHERIYANAD, MAVELIKKARA TALUK, ALAPPUZHA
DISTRICT, PIN - 689511
OTHER PRESENT:
SMT. SREEJA V. (PP)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 188 OF 2024
2
BECHU KURIAN THOMAS, J.
-----------------------------------------
O.P.(Crl). No. 188 of 2024
----------------------------------------
Dated this the 29th day of February, 2024
JUDGMENT
Petitioner has filed an application as
C.M.P.No.81/2024 claiming protection and to prosecute the
accused under Section 195A of the Indian Penal Code,
1860. Petitioner alleges that she is a defacto complainant in
C.C.No.322/2022 and is a widow with a mentally
challenged child.
2. Though the petitioner's claim in C.M.P.No.81/2024
in C.C.No.322/2022 before the Judicial First Class
Magistrate's Court-I, Mavelikkara is not properly worded, it
is understood from the submissions of the counsel for the
petitioner that the intention behind the said petition is to
claim the benefit as a measure of witness protection. It was
submitted that despite police protection having been
granted, the accused is threatening the petitioner to give
false evidence before the Court.
OP(CRL.) NO. 188 OF 2024
3. In such circumstances, the learned Magistrate shall
consider and pass appropriate orders on C.M.P.No.81/2024
in C.C.No.322/2022 as expeditiously as possible, in a time-
bound manner, bearing in mind, the principles of the
Witness Protection Scheme 2018.
This original petition is disposed of.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
OP(CRL.) NO. 188 OF 2024
APPENDIX OF OP(CRL.) 188/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER IN
WP( C)NO.7259/2022 DATED 04.03.2022
PASSED BY THIS HONOURABLE COURT.
Exhibit P2 TRUE COPY OF THE LETTER DATED
15.11.2023 RECEIVED BY THE
PETITIONER THROUGH POST.
Exhibit P3 TRUE COPY OF THE CMP.NO.81/2024 IN
C.C.NO.322/2022 FILED BY THE
PETITIONER BEFORE THE HONOURBLE
JUDICIAL FIRST CLASS MAGISTRATE
COURT-I, MAVELIKKARA, DATED
06.01.2024.
Exhibit P4 TRUE COPY OF THE UNDATED LETTER
ALONG WITH POSTAL COVER SENT BY 2ND
RESPONDENT
TRUE COPY
