Kerala High Court
Vidhyadharan C.D vs Manjusha R on 22 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
OP(CRL.) NO. 683 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
OP(CRL.) NO. 683 OF 2024
MC NO.41 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST
CLASS - II, ALUVA
PETITIONER/ RESPONDENT :
VIDHYADHARAN C.D
AGED 49 YEARS, S/O. DIVAKARAN,
CHEMBANIKUNNEL HOUSE, AMBALLOOR P.O.,
MULAMTHURUTHY, ERNAKULAM DISTRICT,
PIN - 682 315
BY ADVS.
SHEJI P.ABRAHAM
G.BALAMURALEEDHARAN (PARAVUR)
ABRAHAM JOSEPH
RESPONDENT/ PETITIONER :
1 MANJUSHA R
D/O. LATE C. RAJAN, MANJUSHA BHAVAN,
KANIYAMKUNNU KARA, U.C. COLLEGE P.O.,
KADUNGALLUR VILLAGE, ALUVA,
PIN - 683 102
2 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031
SRI. C.N. PRABHAKARAN, PUBLIC PROSECUTOR
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 683 OF 2024
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BECHU KURIAN THOMAS, J.
=-=-=-=-=-=-=-=-=-=-=-=-=
O.P.(Crl.) No.683 of 2024
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Dated this the 22nd day of October, 2024
JUDGMENT
Petitioner challenges the proceedings initiated under
Crl.M.P.No.1343 of 2024 in M.C.No.41 of 2019 on the files of the Judicial
First Class Magistrate's Court-II, Aluva.
2. I have heard Adv.Sheji P.Abraham, the learned counsel for
the petitioner as well as Sri.C.N.Prabhakaran, the learnred Public
Prosecutor.
3. Considering the nature of relief that I propose to issue,
notice to the first respondent is dispensed with.
4. Ext.P4 is the petition filed as Crl.M.P.No.1343 of 2024 to
execute the order dated 09.04.2024 in M.C.No.41 of 2019 on the files of
the Judicial First Class Magistrate's Court-II, Aluva. In the said
proceedings, petitioner has already appeared and is contesting the same.
In the meantime, petitioner has preferred an appeal against the order in
M.C.No.41 of 2019 before the Appellate Court, which is pending
consideration as Crl.Appeal No.352 of 2024. Since the appeal is filed with
a delay, the Appellate Court has posted the case for consideration to
03.01.2025. As the delay has not been condoned, petitioner has not
been able to press for an interim order of stay of the impugned order
OP(CRL.) NO. 683 OF 2024
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therein. Petitioner apprehends that coercive proceedings will be initiated
against him in the meantime.
5. It was fairly submitted that, till date, no coercive proceedings
have been initiated pursuant to Crl.M.P.No.1343 of 2024 and since the
petitioner has already appeared before the said court, there is no reason
for any apprehension at the moment.
6. Notwithstanding the above, petitioner is always at liberty to
seek advancement of the case posted to 03.01.2025 and attempt to
obtain appropriate orders. Hence, I do not feel it necessary to issue any
orders in this case regarding Crl.M.P.No.1343 of 2024 pending before the
Judicial First Class Magistrate's Court-II, Aluva.
However, if in case petitioner files any application for advancing
the delay petition or other petitions in Crl.A.No.352 of 2024, the Sessions
Court will consider the same and pass appropriate orders without undue
delay, after hearing the necessary parties.
With the above observations, this original petition is disposed of.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
OP(CRL.) NO. 683 OF 2024
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APPENDIX OF OP(CRL.) 683/2024
PETITIONER'S EXHIBITS :
Exhibit P1 COPY OF THE ORDER IN M.C. NO. 41/2019 DTD
09.04.2024 ON THE FILE OF JUDICIAL FIRST
CLASS MAGISTRATE COURT - II, ALUVA
Exhibit P2 COPY OF THE CRL. APPEAL NO. 352/2024 FILED
BEFORE THE DISTRICT COURT ERNAKULAM ON
23/8/2024
Exhibit P3 COPY OF THE CRL. M.P. NO. 2383/2023 FILED
BEFORE THE DISTRICT COURT ERNAKULAM ON
23/8/20
Exhibit P4 COPY OF THE PETITION DTD 11.07.2024 FILED
BY THE 1ST RESPONDENT
