Kerala High Court
Smitha vs The State Of Kerala on 3 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946
OP(CRL.) NO. 348 OF 2024
CRIME NO.690/2020 OF NOORANADU POLICE STATION, ALAPPUZHA
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.587 OF 2020 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - II, MAVELIKKARA
PETITIONER/ACCUSED NO.1:
SMITHA
AGED 40 YEARS, W/O JAYAKUMAR
'SAJI BHAVANAM' PEROORKARAZHMA
MURI THAMARAKULAM VILLAGE
ALAPPUZHA DISTRICT, PIN - 690530
BY ADVS.
S.SHANAVAS KHAN
S.INDU
KALA G.NAMBIAR
RESPONDENT/STATE/COMPLAINANT:
THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
BY ADV.
SMT.REKHA S. - SR.P.P.
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
03.05.2024, ALONG WITH OP(Crl.).349/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl) Nos.348 of 2024 and 349 of 2024
:2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946
OP(CRL.) NO. 349 OF 2024
CRIME NO.972/2020 OF NOORANADU POLICE STATION, ALAPPUZHA
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.878 OF 2020 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - II, MAVELIKKARA
PETITIONER/ACCUSED NO.2:
SMITHA
AGED 40 YEARS, W/O JAYAKUMAR
'SAJI BHAVANAM' PEROORKARAZHMA
MURI THAMARAKULAM VILLAGE
ALAPPUZHA DISTRICT, PIN - 690530
BY ADVS.
S.SHANAVAS KHAN
S.INDU
KALA G.NAMBIAR
RESPONDENT/STATE/COMPLAINANT:
THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
BY ADV.
SMT.MAYA M.N. - P.P.
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
03.05.2024, ALONG WITH OP(Crl.).348/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl) Nos.348 of 2024 and 349 of 2024
:3:
G.GIRISH, J.
=========================
O.P.(Crl) Nos.348 of 2024 & 349 of 2024
==========================
Dated this the 3rd day of May, 2024
JUDGMENT
Both these petitions are filed by the petitioner under Article
227 of the Constitution of India for the expeditious disposal of
C.C.No.587/2020 and C.C.No.878/2020, pending before the
Judicial First Class Magistrate Court-II, Mavelikkara.
2. In C.C.No.587/2020, the petitioner herein is arraigned as
1st accused, and in C.C.No.878/2020, she is the 2nd accused.
3. The reason stated by the petitioner for expeditious
disposal of the aforesaid cases is that, in connection with her
employment abroad, it is highly necessary for her to have these
cases disposed of at the earliest.
4. Reports were called for from the Judicial First Class
Magistrate Court-II, Mavelikkara about the time required for the
disposal of these cases. The learned Magistrate, as per the letters
dated 29.04.2024, sought a period of six months time for the
disposal of these cases in view of the pendency position and other
exigencies.
5. Heard the learned counsel for the petitioner and the
O.P.(Crl) Nos.348 of 2024 and 349 of 2024
learned Public Prosecutor representing the respondent.
6. Having regard to the reasons stated by the petitioner for
the expeditious disposal of these cases, and also taking into
account the inputs submitted by the learned Magistrate vide the
letters cited above, I deem it appropriate to issue a direction to
the learned Magistrate to dispose of the aforesaid cases within a
period of six months from the date of receipt of a copy of this
judgment.
The original petitions are disposed of as above.
Sd/-
G.GIRISH, JUDGE
anm
O.P.(Crl) Nos.348 of 2024 and 349 of 2024
APPENDIX OF OP(CRL.) 348/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CHARGESHEET IN CRIME
NO. 690/2020 OF NOORANAD POLICE STATION,
ALAPPUZHA DISTRICT
Exhibit P2 TRUE COPY OF THE CHARGESHEET IN CRIME
NO. 673/2019 OF NOORANAD POLICE STATION
WHICH IS NOW PENDING AS C.C. NO.
342/2020 ON THE FILE JUDICIAL FIRST
CLASS MAGISTRATE COURT-II, MAVELIKARA
Exhibit P3 TRUE COPY OF THE EMPLOYMENT CONTRACT
DATED 11/09/2023
Exhibit P4 TRUE COPY OF THE DOCUMENT DATED NIL
PERTAINING TO THE TERMINATION OF
CONTRACTUAL RELATIONSHIP
Exhibit P5 TRUE COPY OF THE PASSPORT DETAILS OF THE
PETITIONER
Exhibit P6 TRUE COPY OF THE UNDERTAKING GIVEN BY
PETITIONER TO THE RECRUITING COMPANY IN
INDIA
Exhibit P7 TRUE COPY OF THE PROCEEDINGS DOWN LOADED
FROM THE E-COURTS WEBSITE
RESPONDENT EXHIBITS : NIL.
O.P.(Crl) Nos.348 of 2024 and 349 of 2024
APPENDIX OF OP(CRL.) 349/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CHARGESHEET IN CRIME
NO. 972/2020 OF NOORANAD POLICE STATION,
ALAPPUZHA DISTRICT
Exhibit P2 TRUE COPY OF THE CHARGESHEET IN CRIME
NO. 673/2019 OF NOORANAD POLICE STATION
Exhibit P3 TRUE COPY OF THE EMPLOYMENT CONTRACT
DATED 11/09/2023
Exhibit P4 TRUE COPY OF THE DOCUMENT DATED NIL
RELATING TO THE TERMINATION OF
CONTRACTUAL RELATIONSHIP
Exhibit P5 TRUE COPY OF THE PASSPORT DETAILS OF THE
PETITIONER
Exhibit P6 TRUE COPY OF THE UNDERTAKING GIVEN BY
PETITIONER TO THE RECRUITING COMPANY
Exhibit P7 TRUE COPY OF THE PROCEEDINGS DOWN LOADED
FROM THE E-COURTS WEBSITE
RESPONDENT EXHIBITS : NIL.
