Renuka Devi K vs Praveen K P

Type Court Judgment Court Kerala Decided Jun 01, 2023

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Citation: sooperkanoon.com/1355936
Court: Kerala High Court
Judge: Honourable Mr.Justice K. Babu
Decided On: Jun 01, 2023
Case Number: OP(Crl.)/347/2023

Parties & Advocates

Appellant / Petitioner

Renuka Devi K

Respondent

Praveen K P

Excerpt

.....day of june, 2023j u d g m e n tthe prayers in this original petition are as follows:- “(i) this hon'ble court may be pleased to set aside ext.p.7 order;(ii) to direct the judicial first-class magistrate, kakkanad to accept ext.p.8 restoration petition and to allow the same and restore the above mc back to file.(sic)”2. the petitioners are the complainants in theproceedings intiated under the domestic violence act. the trial court as per order dated 03.04.2023 dismissed the complaint for non-prosecution. the petitioners filed ext.p8 application seeking to restore the compliant on file.3. the petitioners pray for a direction to consider anddispose ext.p8 at the earliest. there will be direction to the court below to consider ext.p8 application as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment. sd/- k.babu, sm judge appendix of op(crl.) 347/2023 petitioner exhibits exhibit.p.1 true copy of the m.c no. 17 of 2021 filed by the petitioners before the judicial magistrate court of first class, kakkanad exhibit.p.2 true copy of the order dated 02/07/2021 in c.m.p no. 1079 of 2021 in m.c no. 17 of 2021 exhibit.p.3 true copy of the judgment dated 12/08/2022 in op(crl) no. 376 of 2022 of this hon'ble court exhibit.p.4 a true copy of the order dated 12/09/2022 in cmp no. 1590 of 2022 in m.c no. 17 of 2021 of the learned judicial first-class magistrate, kakkanad exhibitp5 true copy of the order dated 01/12/2022 in op(crl) no.596 of 2022 of this hon'ble courtexhibitp.6 true copy of the e-court status exhibit.p.7 a true copy of the order dated 03/04/2023 in mc no. 17 of 2021 of the learned court below exhibit.p.8 true copy of the restoration petition (unnumbered cmp) filed by the petitioner dated 3/04/2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 OP(CRL.) NO. 347 OF 2023 AGAINST THE ORDER/JUDGMENTMC 17/2021 OF JMFC, KAKKANAD (TEMPORARY) PETITIONER/S: 1 RENUKA DEVI K AGED 30 YEARS WIFE OF PRAVEEN K P, KANNAMKULATH (H), KAKKANAD, THRIKKAKARA, VAZHAKKALA VILLAGE, ERNAKULAM -, PIN - 2 ARYAN REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN RENUKA DEVI K, SON OF PRAVEEN K P, KANNAMKULATH (H), KAKKANAD, THRIKKAKARA, VAZHAKKALA VILLAGE, ERNAKULAM - ., PIN - BY ADVS. V.JOHN MANI VARGHESE SABU SETHULAKSHMI K.K. SAM CHERIAN SHAMEENA K.Y. BIJIN B. RESPONDENT: PRAVEEN K P AGED 33 YEARS, SON OF PRASANNAN, KARIMATHIYIL HOUSE, ARATTUKULANGARA, BHAGOM, THEKKEMURI KARA, NADVILE VILLAGE, VAIKOM-, PIN - 686146 BY ADV THOSHIN VS THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.BABU, J.
-------------------------------------- O.P.Crl.No 347 of 2023 --------------------------------------- Dated this the 01st day of June, 2023

J U D G M E N T

The prayers in this Original Petition are as follows:- “(i) this Hon'ble Court may be pleased to set aside Ext.P.7 Order;

(ii) To direct the Judicial First-Class Magistrate, Kakkanad to accept Ext.P.8 restoration petition and to allow the same and restore the above MC back to file.(SIC)”

2. The petitioners are the complainants in the

proceedings intiated under the Domestic Violence Act. The Trial Court as per order dated 03.04.2023 dismissed the complaint for non-prosecution. The petitioners filed Ext.P8 application seeking to restore the compliant on file.

3. The petitioners pray for a direction to consider and

dispose Ext.P8 at the earliest. There will be direction to the court below to consider Ext.P8 application as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment. Sd/- K.BABU, SM JUDGE APPENDIX OF OP(CRL.) 347/2023 PETITIONER EXHIBITS Exhibit.P.1 TRUE COPY OF THE M.C NO. 17 OF 2021 FILED BY THE PETITIONERS BEFORE THE JUDICIAL MAGISTRATE COURT OF FIRST CLASS, KAKKANAD Exhibit.P.2 TRUE COPY OF THE ORDER DATED 02/07/2021 IN C.M.P NO. 1079 OF 2021 IN M.C NO. 17 OF 2021 Exhibit.P.3 TRUE COPY OF THE JUDGMENT DATED 12/08/2022 IN OP(CRL) NO. 376 OF 2022 OF THIS HON'BLE COURT Exhibit.P.4 A TRUE COPY OF THE ORDER DATED 12/09/2022 IN CMP NO. 1590 OF 2022 IN M.C NO. 17 OF 2021 OF THE LEARNED JUDICIAL FIRST-CLASS MAGISTRATE, KAKKANAD ExhibitP5 TRUE COPY OF THE ORDER DATED 01/12/2022 IN OP

(CRL) NO.596 OF 2022 OF THIS HON'BLE COURT

ExhibitP.6 TRUE COPY OF THE E-COURT STATUS Exhibit.P.7 A TRUE COPY OF THE ORDER DATED 03/04/2023 IN MC NO. 17 OF 2021 OF THE LEARNED COURT BELOW Exhibit.P.8 TRUE COPY OF THE RESTORATION PETITION (UNNUMBERED CMP) FILED BY THE PETITIONER DATED 3/04/2023

Same Court & Year Kerala · 2023 Same Parties Renuka Devi K vs Praveen K P Same Judge Honourable Mr.Justice K. Babu