Kerala High Court
Sandra G.S vs Sreerag. S on 11 September, 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
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
OP(CRL.) NO. 638 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.72 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,ATTINGAL
PETITIONER:
SANDRA G.S
AGED 23 YEARS
HAVING PERMANENT RESIDENCE AT NAITHUPURAYIL, NEAR POST
OFFICE, VITHURA P.O., VITHURA, THOLICODE,
THIRUVANANTHAPURAM DISTRICT – 695551., NOW
RESIDING AT THANAL, KIZHAKKUMBHAGAM, NEAR NEELIAMMAN
TEMPLE, LNCPE RESIDENTS ASSOCIATION, KAZHAKKOOTTAM
P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695582
BY ADVS.
GODWIN JOSEPH
ARUN BABU B.
RESPONDENTS:
1 SREERAG. S
S/O SANTHOSH. A., SREERAGAM VELAVOOR, KOLIYAKODU P.O.,
VENJARAMOODU, THIRUVANANTHAPURAM DISTRICT, PIN - 695584
2 SAJITHA. L
W/O SANTHOSH. A., SREERAGAM VELAVOOR, KOLIYAKODU P.O.,
VENJARAMOODU, THIRUVANANTHAPURAM DISTRICT, PIN - 695584
3 SANTHOSH. A
S/O APPUKUTTAN, SREERAGAM VELAVOOR, KOLIYAKODU P.O.,
VENJARAMOODU, THIRUVANANTHAPURAM DISTRICT, PIN - 695584
SMT. SREEJA V (PP)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 11.09.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 638 OF 2024
2
2024:KER:71908
BECHU KURIAN THOMAS, J.
---------------------------------------------
OP(CRL.) NO. 638 OF 2024
-------------------------------------------------
Dated this the 11th day of September, 2024
JUDGMENT
Petitioner seeks for an expeditious disposal of
C.C.No.72/2023 pending on the files of the Judicial First Class
Magistrate Court-II, Attingal, in a time bound manner.
2. Sri.Godwin Joseph, the learned counsel for petitioner
submitted that petitioner is about to receive a work visa for
employment abroad, and therefore, pendency of the case would
cause prejudice to her. Hence, she seeks a direction for a speedy
disposal of the pending case.
3. The Supreme Court has time and again observed that the
Constitutional Courts must not in the ordinary course issue directions
for a time bound disposal of cases pending before the trial courts.
[Reference to the decision in High Court Bar Association,
Allahabad v. State of UP & Others [2024 INSC 150] is
appropriate]. If a direction is issued by this Court, it will result in
overlooking the priority of other cases. Therefore, the relief sought for
is only to be declined.
4. However, if any request for an out of turn priority is sought
for by petitioner, the learned Magistrate will be at liberty to consider
OP(CRL.) NO. 638 OF 2024
2024:KER:71908
the request, notwithstanding the disinclination of this Court to issue
any directions in that regard.
With the above observations, this original petition is
dismissed.
sd/-
BECHU KURIAN THOMAS
JUDGE
Nsd
OP(CRL.) NO. 638 OF 2024
2024:KER:71908
APPENDIX OF OP(CRL.) 638/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE MC NO. 72/2023 FILED BY
THIS PETITIONER ON 11.09.2023 BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE COURT
– II, ATTINGAL.
Exhibit P2 A TRUE COPY OF THE ORDER DATED 16.09.2023 IN
CMP NO. 6009/2023 IN MC NO. 72/2023 OF THE
HON'BLE JUDICIAL FIRST CLASS MAGISTRATE
COURT – II, ATTINGAL.
Exhibit P3 A TRUE COPY OF THE I.A. NO. 2/2024 DATED
19.07.2024 FILED BY THE RESPONDENTS IN O.P.
NO. 1327/2023 BEFORE THE HON'BLE FAMILY
COURT, NEDUMANGAD.
Exhibit P3(a) A TRUE COPY OF THE RELEVANT PAGE OF THE A-
DIARY PROCEEDINGS DATED 23.08.2024 WITH
REGARD TO OP NO. 1327/2023 ON THE FILES OF
THE HON'BLE FAMILY COURT, NEDUMANGAD.
Exhibit P4 A TRUE COPY OF THE I.A. NO. 3/2024 IN O.P.
NO. 1327/2023 FILED BY THIS PETITIONER ON
21.08.2024 BEFORE THE HON'BLE FAMILY COURT,
NEDUMANGAD.
Exhibit P5 A TRUE COPY OF THE CASE PROCEEDINGS IN M.C.
NO. 72/2023 ON THE FILES OF THE HON'BLE
JUDICIAL FIRST CLASS MAGISTRATE COURT
– II, ATTINGAL.
