Kerala High Court
Vasantha vs State Of Kerala on 21 May, 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
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
OP(CRL.) NO. 253 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN CRA NO.65 OF 2023 OF III
ADDITIONAL DISTRICT COURT, KOLLAM ARISING OUT OF THE
ORDER/JUDGMENT DATED 17.01.2024 IN CRA NO.65 OF 2023 OF ADDITIONAL
SESSIONS COURT (ADHOC) III, KOLLAM
PETITIONER:
VASANTHA
AGED 63 YEARS
D/O GOPINATHAN, MOTTAKUNNIL VEEDU, KIZHAKKANELA P.O,
KULAMADA, PARIPPALLY VILLAGE, KOLLAM DISTRICT, PIN -
691574
BY ADVS.
M.AJITH (KARICODE)
R.MOHANA BABU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY, PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 G. VIJAYAN
AGED 74 YEARS
S/O GOVINDHAN, GOVINDHALAYAM, CHERUVAKKAL P.O AYOOR,
ELAMADU VILLAGE, KOTTARAKKARA, KOLLAN DISTRICT, PIN -
691533
3 USHA
AGED 42 YEARS
GOVINDHALAYAM, CHERUVAKKAL P.O, AYOOR, ELAMADU VILLAGE
KOTTARAKKARA, KOLLAM DISTRICT, PIN - 691533
OTHER PRESENT:
ASHI M.C. (PP)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 253 OF 2024
2
BECHU KURIAN THOMAS, J.
-----------------------------------------
O.P.(Crl) No. 253 of 2024
----------------------------------------
Dated this the 21st day of May, 2024
JUDGMENT
Petitioner- a lady aged 63 years, has claimed maintenance
and return of gold and money from her former husband as
M.C.No.27/2018 before the Judicial First Class Magistrate Court,
South Paravoor. She filed an application as C.M.P.No. 894/2021
in the above petition seeking certain data, which was dismissed.
An appeal has been preferred as Crl.Appeal.No.65/2023 before
the Additional Sessions Court-III, Kollam. Though petitioner has
challenged the order dismissing her interim application for stay
by the impugned order dated 17-01-2024 the stay petition was
dismissed by the learned Session Judge. The said order is
assailed in this original petition.
2. During the course of arguments, the learned counsel for
the petitioner submitted that petitioner would be satisfied with a
direction to dispose of Crl.Appeal No. 65/2023 pending before the
Additional Sessions Court-III, Kollam in a time bound manner.
3. Having heard Sri. M.Ajith, the learned counsel for the
petitioner as well as Sri.Ashi M.C., the learned Public Prosecutor,
OP(CRL.) NO. 253 OF 2024
I am of the view that this original petition can be disposed of after
dispensing with notice to respondents 2 and 3 considering the
nature of relief now sought for during the argument.
4. The Supreme Court has time and again observed that
the High Courts should not direct the trial courts to dispose of
cases in a time-bound manner. Though the learned counsel for
the petitioner submitted that a direction to dispose of the appeal
in a time bound manner would suffice in the circumstances of the
case, I am of the view that such a direction cannot be issued.
5. However, since the issue arises out of a claim for
maintenance that too filed in the year 2018 and the appeal was
preferred in 2023, I am of the view that the Sessions Court may, if
the circumstances warrant, consider disposing of the appeal
without undue delay.
With the above observations, this original petition is
dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM/23/5/24
OP(CRL.) NO. 253 OF 2024
APPENDIX OF OP(CRL.) 253/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE AFFIDAVIT AND
PETITIONER FILED BY PETITIONER
BEFORE JFCMC, (TEMPORARY), SOUTH
PARAVOOR IN CMP.894/202L IN
Exhibit P2 A TRUE COPY OF THE ORDER DATED
JFCMC, (TEMPORARY). SOUTH PARAVOOR
Exhibit P3 A TRUE COPY OF THE CRL.APPL.65/2023
BEFORE THE IIIRD ADDITIONAL SESSIONS
COURT, KOLLAM DATED 12/07/2023
Exhibit P4 A TRUE COPY OF THE AFFIDAVIT AND
PETITION IN CRL.MP.147/2023 TO STAY
THE ORDER UNDER SECTION 29 OF THE
PROTECTION OF WOMEN FROM DOMESTIC
VIOLENCE ACT DATED 30/10/2023
Exhibit P5 A TRUE COPY OF THE ORDER DATED
17.I.2024 IN CRL.MP.147/2023 IN
CRL.APPL.65/2023 OF IIIRD ADDITIONAL
SESSIONS COURT, KOLLAM
