Kavitha vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 28, 2023

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Citation: sooperkanoon.com/1339861
Court: Kerala High Court
Judge: Honourable Mr.Justice K. Babu
Decided On: Feb 28, 2023
Case Number: OP(Crl.)/140/2023

Parties & Advocates

Appellant / Petitioner

Kavitha

Respondent

State of Kerala

Excerpt

.....the 28th day of february 2023 / 9th phalguna, 1944 op(crl.) no. 140 of 2023 crime no.2744/2021 of malayinkeezh police station, thiruvananthapuram against the order/judgmentcc 317/2022 of judicial magistrate of first class ,kattakada petitioner/defacto complainant: kavitha aged 41 years d/o. sarojini, sree saroj, kunnil, machel, malayinkeezhu, thiruvananthapuram, pin - 695 571.by adv saijo hassan respondent/state: state of kerala represented by public prosecutor,high court of kerala, pin - 682 031. by adv public prosecutor this op (criminal) having come up for admission on 28.02.2023, the court on the same day delivered the following: o.p(crl.)no.140 of 2023 2 k. babu, j --------------------------------------- o.p(crl.) no. 140 of 2023 -------------------------------------- dated this the 28th day of february, 2023orderthe petitioner has filed this original petition seeking the following reliefs:-(i) to direct the learned judicial first class magistrate court, kattakada, thiruvananthapuram, to dispose the case as cc no.317/2022 within a time frame to be fixed by this honourable court.(ii) this honourable court may be pleased to dispense with filing of the english translation of vernacular documents as per the order dated 04.08.2022.(iii) and to issue such other reliefs as this honourable court may deem fit and proper in the facts and circumstances of the case.2. on 21.02.2023, this court directed the registry to obtain a report from the court below on the time required for the disposal of the matter.3. this court obtained a report from the court of the judicial first classmagistrate, kattakada, regarding the time frame required for disposal of the case, wherein it is reported that the matter could be disposed of within a period o.p(crl.)no.140 of 2023 3 of six months. therefore, the court of judicial first class magistrate, kattakada is directed to dispose of c.c.no.317 of 2022 within a period of six months from this date. the original petition is allowed. sd/-.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 28TH DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944 OP(CRL.) NO. 140 OF 2023 CRIME NO.2744/2021 OF Malayinkeezh Police Station, Thiruvananthapuram AGAINST THE ORDER/JUDGMENTCC 317/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KATTAKADA PETITIONER/DEFACTO COMPLAINANT: KAVITHA AGED 41 YEARS D/O. SAROJINI, SREE SAROJ, KUNNIL, MACHEL, MALAYINKEEZHU, THIRUVANANTHAPURAM, PIN - 695 571.

BY ADV SAIJO HASSAN RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682 031. BY ADV PUBLIC PROSECUTOR THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 28.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(Crl.)No.140 of 2023 2 K. BABU, J --------------------------------------- O.P(Crl.) No. 140 of 2023 -------------------------------------- Dated this the 28th day of February, 2023

ORDER

The petitioner has filed this Original Petition seeking the following reliefs:-

(i) To direct the Learned Judicial First Class Magistrate Court, Kattakada, Thiruvananthapuram, to dispose the case as CC No.317/2022 within a time frame to be fixed by this Honourable Court.

(ii) This Honourable Court may be pleased to dispense with filing of the English translation of vernacular documents as per the order dated 04.08.2022.

(iii) And to issue such other reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of the case.

2. On 21.02.2023, this Court directed the Registry to obtain a report from the Court below on the time required for the disposal of the matter.

3. This Court obtained a report from the Court of the Judicial First Class

Magistrate, Kattakada, regarding the time frame required for disposal of the case, wherein it is reported that the matter could be disposed of within a period O.P(Crl.)No.140 of 2023 3 of six months. Therefore, the Court of Judicial First Class Magistrate, Kattakada is directed to dispose of C.C.No.317 of 2022 within a period of six months from this date. The Original Petition is allowed. Sd/- K. BABU JUDGE AMR O.P(Crl.)No.140 of 2023 4 APPENDIX OF OP(CRL.) 140/2023 PETITIONER’S EXHIBITS Exhibit P1 CERTIFIED COPY OF THE FINAL REPORT AS CC

CLASS MAGISTRATE COURT, KATTAKADA, THIRUVANANTHAPURAM DATED 31.01.2022 ARISING FROM CRIME NO. 2744 OF 2021 OF MALAYINKIL POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

Same Court & Year Kerala · 2023 Same Parties Kavitha vs State of Kerala Same Judge Honourable Mr.Justice K. Babu