Kerala High Court
Saliharan vs Lakshmi Kumaran on 8 November, 2024
2024:KER:84352
CRL.REV.PET NO. 1224 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 8TH DAY OF NOVEMBER 2024/17TH KARTHIKA, 1946
CRL.REV.PET NO. 1224 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 12.06.2024 IN CRA
NO.482 OF 2023 OF ADDITIONAL DISTRICT COURT & SESSIONS
COURT - II, NORTH PARAVUR / I ADDITIONAL MACT, NORTH
PARAVUR ARISING OUT OF THE ORDER/JUDGMENT DATED
29.09.2023 IN MC NO.41 OF 2022 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, NJARAKKAL
REVISION PETITIONERS/APPELLANTS/PETITIONERS:
1 SALIHARAN
AGED 49 YEARS
S/O. KUMARAN, ERANTHRA HOUSE,
EDAVANAKADU VILLAGE, VACHAKKAL EAST,
KOCHI TALUK, ERNAKULAM DISTRICT.,
PIN - 682502
2 SALESH E.K
AGED 53 YEARS
S/O. KUMARAN, ERANTHRA HOUSE,
EDAVANAKADU VILLAGE, VACHAKKAL EAST,
KOCHI TALUK, ERNAKULAM DISTRICT.,
PIN - 682502
3 SALILA
AGED 56 YEARS
D/O. KUMARAN, ERANTHRA HOUSE,
EDAVANAKADU VILLAGE, VACHAKKAL EAST,
KOCHI TALUK, ERNAKULAM DISTRICT.,
PIN - 682502
4 SAHAJAN
AGED 56 YEARS
2024:KER:84352
CRL.REV.PET NO. 1224 OF 2024
2
PAZHANGATTU THARA HOUSE,
EDAVANAKADU VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT., PIN - 682502
5 VISHWALAL MOORTHI
AGED 53 YEARS
POTTETHARA HOUSE, NJARAKKAL,
NJARAKKAL P.O., KOCHI TALUK,
ERNAKULAM DISTRICT., PIN - 682505
BY ADVS.
V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
SINEESH K.M.
SHILPA P.S.
M.SUSEELA
C.PURUSHOTHAMAN NAIR
M.M.VINOD
RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:
1 LAKSHMI KUMARAN
AGED 80 YEARS
W/O. KUMARAN, ERANTHRA HOUSE,
EDAVANAKAD VILLAGE, VACHAKKAL EAST,
KOCHI TALUK, ERNAKULAM DISTRICT.,
PIN - 682502
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.,
PIN - 682031
SRI.RENJIT GEORGE, SR.PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 08.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:84352
CRL.REV.PET NO. 1224 OF 2024
3
ORDER
Dated this the 8th day of November, 2024
This Criminal Revision Petition has been filed under
Sections 438 and 442 of the Code of Criminal Procedure,
challenging judgment dated 12.06.2024 in CRA No.482/2023
on the files of the Additional District and Sessions Court-II,
North Paravur as also order dated 29.09.2023 in CMP
No.2071/2022 in MC No.41/2022 on the files of the Judicial
First Class Magistrate, Njarakkal.
2. Heard.
3. In this matter, the mother, who is the first
respondent herein, filed MC No.41/2022 before the Judicial
First Class Magistrate Court, Njarakkal, claiming relief under
the Protection of Women from Domestic Violence Act. The
revision petitioners herein, who are the respondents in the
MC, appeared and filed petition vide CMP 2071/2022
contending that the respondent herein is mentally ill and
therefore, the same has to be enquired under Section 105 of
2024:KER:84352
CRL.REV.PET NO. 1224 OF 2024
the Mental Healthcare Act, 2005.
4. The learned Magistrate as well as the
appellate judge dismissed the petition, holding that there
were no signs of unsound mind to the respondent and
accordingly, both petitions were dismissed.
5. Even though the learned counsel for the
revision petitioners argued, based on Section 105 of the
Mental Healthcare Act, the mental illness of the respondent is
a matter to be enquired into, when he was asked to justify the
document produced to support mental illness, he produced
copy of medical certificate showing memory loss and
dementia to the 1st respondent, which was considered by the
trial court and the appellate court and thereafter rejected the
same as proof of mental illness.
6. Faced with dismissal of the revision petition,
the learned counsel for the revision petitioners submitted that
early disposal of the MC would suffice to address the
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CRL.REV.PET NO. 1224 OF 2024
grievance of the revision petitioners.
7. On perusal of the records, it is discernible
that the first respondent is an age-old lady of 80 years, and
therefore, her case, otherwise, also would require disposal at
the earliest.
8. In view of the matter, while confirming the
orders impugned, there shall be a direction to the learned
Magistrate to expedite the trial and dispose of the same,
within four months from the date of receipt of a copy of this
order.
Registry is directed to forward a copy of this order to
the jurisdictional court for information and further steps.
Sd/-
A. BADHARUDEEN
JUDGE
nkr
