Kerala High Court
N.Prakash vs Ashakukmari.R on 6 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:73160
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 6TH DAY OF OCTOBER 2025 / 14TH ASWINA, 1947
OP(CRL.) NO. 660 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 29.09.2025 IN CRMP NO.1298
OF 2025 OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER:
N.PRAKASH
AGED 61 YEARS
SON OF LATE A.NARAYANA RAO PRAJITH VIHAR, AYINI ROAD
MARADU P.O., ERNAKULAM, PIN - 682304
BY ADV N.PRAKASH(PARTY-IN-PERSON)
RESPONDENT:
JAYAPRAKASH.E.P.
SON OF V.P.PADMANABHAN NAIR RESIDING AT AMRITH SAGAR
THENHIPALAM P.O MALAPPURAM, PIN - 673636
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
06.10.2025, ALONG WITH OP(Crl.).661/2025, 662/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl.) Nos.660, 661, 662, 664 and 665 of 2025
2
2025:KER:73160
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 6TH DAY OF OCTOBER 2025 / 14TH ASWINA, 1947
OP(CRL.) NO. 661 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 29.09.2025 IN CRMP NO.4815
OF 2024 OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER:
N.PRAKASH
AGED 61 YEARS
S/O.LATE A.NARAYANA RAO PRAJITH VIHAR,
AYINI ROAD MARADU P.O., ERNAKULAM, PIN - 682304
BY ADV N.PRAKASH(PARTY-IN-PERSON)
RESPONDENT:
ASHAKUKMARI.R
W/O.RAMESH.N JAYA VIHAR AYINI ROAD MARADU P.O
ERNAKULAM, PIN - 682304
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
06.10.2025, ALONG WITH OP(Crl.).660/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl.) Nos.660, 661, 662, 664 and 665 of 2025
3
2025:KER:73160
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 6TH DAY OF OCTOBER 2025 / 14TH ASWINA, 1947
OP(CRL.) NO. 662 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 29.09.2025 IN CRMP NO.1490
OF 2025 OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER/COMPLAINANT:
N.PRAKASH
AGED 61 YEARS
SON OF LATE A.NARAYANA RAO PRAJITH VIHAR,
AYINI ROAD MARADU P.O., ERNAKULAM, PIN - 682304
BY ADV N.PRAKASH(PARTY-IN-PERSON)
RESPONDENT/ACCUSED:
JAYAPRAKASH.E.P.
SON OF V.P.PADMANABHAN NAIR RESIDING AT AMRITH SAGAR
THENHIPALAM P.O MALAPPURAM, PIN - 673636
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
06.10.2025, ALONG WITH OP(Crl.).660/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl.) Nos.660, 661, 662, 664 and 665 of 2025
4
2025:KER:73160
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 6TH DAY OF OCTOBER 2025 / 14TH ASWINA, 1947
OP(CRL.) NO. 664 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 29.09.2025 IN CRMP NO.2136
OF 2025 OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER:
N.PRAKASH
AGED 61 YEARS
SON OF LATE A.NARAYANA RAO PRAJITH VIHAR,
AYINI ROAD MARADU P.O., ERNAKULAM, PIN - 682304
BY ADV N.PRAKASH(PARTY-IN-PERSON)
RESPONDENT:
JAYAPRAKASH E.P
SON OF V.P.PADMANABHAN NAIR RESIDING AT AMRITHA SAGAR,
THENHIPALAM P.O., KADAIKKATTUPARA ROAD, MUDRA CORNER,
MALAPPURAM DISTRICT, PIN 676121
PRESENTLY RESIDING AT ATILYA SAGAR, SIVAGIRI NAGAR,
KULAI HASABETTUE P.O., DAKSHINA KANNADA, KARNATAKA,
PIN - 575019
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
06.10.2025, ALONG WITH OP(Crl.).660/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl.) Nos.660, 661, 662, 664 and 665 of 2025
5
2025:KER:73160
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 6TH DAY OF OCTOBER 2025 / 14TH ASWINA, 1947
OP(CRL.) NO. 665 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 29.09.2025 IN CRMP NO.692 OF
2025 OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER/COMPLAINANT:
N.PRAKASH
AGED 61 YEARS
SON OF LATE A.NARAYANA RAO, PRAJITH VIHAR, AYINI ROAD,
MARADU P.O. ERNAKULAM, PIN - 682304
BY ADV N.PRAKASH(PARTY-IN-PERSON)
RESPONDENT/ACCUSED:
JAYAPRAKASH.E.P.
SON OF V.P.PADMANABHAN NAIR RESIDING AT AMRITH SAGAR
THENHIPALAM P.O MALAPPURAM, PIN - 673636
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
06.10.2025, ALONG WITH OP(Crl.).660/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl.) Nos.660, 661, 662, 664 and 665 of 2025
6
2025:KER:73160
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
O.P.(Crl.) Nos.660, 661, 662, 664 and 665 of 2025
------------------------------------------------------
Dated this the 6th day of October, 2025
JUDGMENT
These original petitions are filed by one and the same
person, and the prayers are almost the same. Therefore, I am
disposing of these original petitions by a common judgment.
2. The petitioner is the complainant in five different
cases filed by him against Jayaprakash E.P. and Ashakumari R. The
offence alleged in these complaints is under Section 356 of the
Bharatiya Nyaya Sanhita, 2023. The pre-cognizance enquiry is
going on in all these cases. The petitioner gave sworn statements
in all these cases. The petitioner wants to adduce evidence by
examining his own son. An application is filed to examine the son
of the petitioner at the pre-cognizance stage, as evidenced by
Ext.P2 applications in these cases. The grievance of the petitioner
is that the above applications were dismissed, and the cases are
now posted for final order on 07.10.2025. The petitioner applied for
a copy of these orders. Ext.P3 is produced to show that the
petitioner submitted a copy application. The grievance of the
O.P.(Crl.) Nos.660, 661, 662, 664 and 665 of 2025
2025:KER:73160
petitioner is that without serving a copy of the order, which the
petitioner has to challenge, the learned Magistrate is going to pass
orders in the complaint. Hence, these original petitions.
3. Heard the petitioner who appeared as a party in
person. No notice is necessary to the respondents at this stage. If
the respondents are aggrieved by any of the directions issued by
this Court, they are free to file a review petition before this Court.
4. The main grievance of the petitioner is that, after
passing an order in an application on 29.09.2025, and without
giving a copy of this order, the learned Magistrate is proceeding
further. This Court, in Ext.P4 judgment, observed that such practice
is to be deprecated. That order was also passed in connection with
a case in Ernakulam District itself. I am of the considered opinion
that the District Judge, Ernakulam should circulate a copy of Ext.P4
judgment to all the judicial Officers in the district.
5. Considering the facts and circumstances of the
case, I think there can be a direction to the court concerned to issue
a copy of the order passed in Ext.P2 application within a time
frame, and till then, further proceedings in the complaint can be
deferred. Therefore, these original petitions are disposed of with
O.P.(Crl.) Nos.660, 661, 662, 664 and 665 of 2025
2025:KER:73160
the following directions:
1) The Judicial First Class Magistrate Court-VIII,
Ernakulam, is directed to issue a copy of the order
passed in Ext.P2 as expeditiously as possible, at any
rate, within one week from the date of receipt of a
copy of this judgment.
2) The further proceedings in Ext.P1 complaints in
these cases shall be deferred for a period of two
weeks.
3) The Registry is directed to forward a copy of this
judgment to the District Judge, Ernakulam, and the
District Judge, Ernakulam, will circulate a copy of the
Ext.P4 judgment to all the judicial officers of that
district.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
AJ
Judgment reserved NA
Date of Judgment 06.10.2025
Judgment dictated 06.10.2025
Judgment uploaded 06.10.2025
O.P.(Crl.) Nos.660, 661, 662, 664 and 665 of 2025
2025:KER:73160
APPENDIX OF OP(CRL.) 660/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE COMPLAINT DATED 28.3.2025
(CRL.M.P.1298 OF 2025) ON THE FILE OF JUDICIAL
MAGISTRATE OF 1ST CLASS-VIII ERNAKULAM (WITHOUT THE
DOCUMENTS PRODUCED THEREIN)
Exhibit P2 TRUE COPY OF CRL.M.P.2513 OF 2025 IN CRL.M.P.1298 OF
2025 DATED 27.8.2025 FILED BY THE PETITIONER BEFORE
THE JUDICIAL MAGISTRATE OF 1ST CLASS-VIII ERNAKULAM
Exhibit P3 TRUE COPY OF THE ACKNOWLEDGMENT OF COPY APPLICATION
SUBMITTED BY THE PETITIONER ON 29.9.2025
Exhibit P4 TRUE COPY OF THE JUDGMENT IN O.P.(CRL) 609 OF 2025
DATED 9.9.2025
O.P.(Crl.) Nos.660, 661, 662, 664 and 665 of 2025
2025:KER:73160
APPENDIX OF OP(CRL.) 661/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE COMPLAINT DATED 17.11.2024
(CRL.M.P.4815 OF 2024) ON THE FILE OF JUDICIAL
MAGISTRATE OF 1ST CLASS-VIII ERNAKULAM (WITHOUT
THE DOCUMENTS PRODUCED THEREIN)
Exhibit P2 TRUE COPY OF CRL.M.P.2496 OF 2025 IN CRL.M.P.4815
OF 2024 DATED 26.8.2025 FILED BY THE PETITIONER
BEFORE THE JUDICIAL MAGISTRATE OF 1ST CLASS-VIII
ERNAKULAM
Exhibit P3 TRUE COPY OF THE ACKNOWLEDGMENT OF COPY
APPLICATION SUBMITTED BY THE PETITIONER ON
29.9.2025
Exhibit P4 TRUE COPY OF THE JUDGMENT IN O.P.(CRL) 609 OF 2025
DATED 9.9.2025
O.P.(Crl.) Nos.660, 661, 662, 664 and 665 of 2025
2025:KER:73160
APPENDIX OF OP(CRL.) 662/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE COMPLAINT DATED 22.4.2025
(CRL.M.P.1490 OF 2025) ON THE FILE OF JUDICIAL
MAGISTRATE OF 1ST CLASS-VIII ERNAKULAM (WITHOUT THE
DOCUMENTS PRODUCED THEREIN)
Exhibit P2 TRUE COPY OF CRL.M.P.2514 OF 2025 IN CRL.M.P.1490
OF 2025 DATED 27.8.2025 FILED BY THE PETITIONER
BEFORE THE JUDICIAL MAGISTRATE OF 1ST CLASS-VIII
ERNAKULAM
Exhibit P3 TRUE COPY OF THE ACKNOWLEDGMENT OF COPY APPLICATION
SUBMITTED BY THE PETITIONER ON 29.9.2025
Exhibit P4 TRUE COPY OF THE JUDGMENT IN O.P.(CRL) 609 OF 2025
DATED 9.9.2025
O.P.(Crl.) Nos.660, 661, 662, 664 and 665 of 2025
2025:KER:73160
APPENDIX OF OP(CRL.) 664/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE COMPLAINT DATED 1.7.2025
(CRL.M.P.2136 OF 2025) ON THE FILE OF JUDICIAL
MAGISTRATE OF 1ST CLASS-VIII ERNAKULAM (WITHOUT THE
DOCUMENTS PRODUCED THEREIN)
Exhibit P2 TRUE COPY OF CRL.M.P.2511 OF 2025 IN CRL.M.P.2136
OF 2025 DATED 27.8.2025 FILED BY THE PETITIONER
BEFORE THE JUDICIAL MAGISTRATE OF 1ST CLASS-VIII
ERNAKULAM
Exhibit P3 TRUE COPY OF THE ACKNOWLEDGMENT OF COPY APPLICATION
SUBMITTED BY THE PETITIONER ON 29.9.2025
Exhibit P4 TRUE COPY OF THE JUDGMENT IN O.P.(CRL) 609 OF 2025
DATED 9.9.2025
O.P.(Crl.) Nos.660, 661, 662, 664 and 665 of 2025
2025:KER:73160
APPENDIX OF OP(CRL.) 665/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE COMPLAINT DATED 19.2.2025
(CRL.M.P.692 OF 2025) ON THE FILE OF JUDICIAL
MAGISTRATE OF 1ST CLASS-VIII ERNAKULAM (WITHOUT
THE DOCUMENTS PRODUCED THEREIN)
Exhibit P2 TRUE COPY OF CRL.M.P.2512 OF 2025 IN CRL.M.P.692
OF 2025 DATED 27.8.2025 FILED BY THE PETITIONER
BEFORE THE JUDICIAL MAGISTRATE OF 1ST CLASS-VIII
ERNAKULAM
Exhibit P3 TRUE COPY OF THE ACKNOWLEDGMENT OF COPY
APPLICATION SUBMITTED BY THE PETITIONER ON
29.9.2025
Exhibit P4 TRUE COPY OF THE JUDGMENT IN O.P.(CRL) 609 OF 2025
DATED 9.9.2025
