Preman vs Robin

Preman vs ROBIN

Type Court Judgment Court Kerala Decided May 09, 2023

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https://sooperkanoon.com/case/1359594

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Citation: sooperkanoon.com/1359594
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: May 09, 2023
Case Number: OP(Crl.)/374/2023

Parties & Advocates

Appellant / Petitioner

Preman

Respondent

ROBIN

Excerpt

.....public prosecutor,high court of kerala, pin - 682 031. other present: sri.noushad k a; pp this op (criminal) having come up for admission on 09.05.2023, the court on the same day delivered the following: o.p.(crl.) no .374 of 2023 2judgmentdated this the 9th day of may, 2023 this original petition has been filed seeking expeditious disposal of the crl.r.p no.84 of 2023 pending before the sessions court, thrissur.2. the learned public prosecutor very alertly points out that the revision petition itself was filed only on 20.04.2023 and therefore, the petitioner has no cause of action to file this original petition.3. having heard the learned counsel for the petitioner and thelearned public prosecutor, i am of the view that, the learned public prosecutor is right in contending that the petitioner has no cause of action to file this original petition, seeking expeditious disposal of revision petition since the same is filed only on 20.04.2023. original petition fails and it is accordingly dismissed. sd/- gopinath p. judge amr o.p.(crl.) no .374 of 2023 3 appendix of op(crl.) 374/2023 petitioner’s exhibits exhibit1 a true copy of the complaint st. 21 of 2020 filed before the jfcm no.iii, irinjalakuda, dated 19/2/2016. exhibit-p2 a true copy of the application cmp.14 of 2023 in st.21 of 2020 to produce details from cmi congregation dated 13/3/2023. exhibit-p3 a true copy of the common order passed incmp.14 of 2023 and cmp.15 of 2023 in st.21 of 2020 of the judicial first class magistrate, irinjalakuda dated 1/4/2023. exhibit-p4 a true copy of the crl.rp. 84 of 2023 along with stay petition filed before district court thrissur dated 20/4/2023.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 9TH DAY OF MAY 2023 / 19TH VAISAKHA, 1945 OP(CRL.) NO. 374 OF 2023 AGAINST THE ORDER/JUDGMENTST 21/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS III, IRINJALAKUDA CRRP 84/2023 OF DISTRICT COURT & SESSIONS COURT,THRISSUR PETITIONER/PETITIONER/ACCUSED: PREMAN AGED 40 YEARS S/O.ARJUNAN, CHERUMADATHIL HOUSE, KARAYAMPADAM DESOM, VARANTHARAPPILLY P.O., VARANTHARAPPILLY PIN - 680 303.

BY ADV N.L.BITTO RESPONDENTS/RESPONDENTS/COMPLAINANT: 1 ROBIN AGED 30 YEARS S/O.JOSE, AMBAZHAKADAN HOUSE, PUDUKKAD P.O., THORAVU PIN - 680 301. 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682 031. OTHER PRESENT: SRI.NOUSHAD K A; PP THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 09.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(Crl.) No .374 of 2023 2

JUDGMENT

Dated this the 9th day of May, 2023 This original petition has been filed seeking expeditious disposal of the Crl.R.P No.84 of 2023 pending before the Sessions Court, Thrissur.

2. The learned Public Prosecutor very alertly points out that the revision petition itself was filed only on 20.04.2023 and therefore, the petitioner has no cause of action to file this original petition.

3. Having heard the learned counsel for the petitioner and the

learned Public Prosecutor, I am of the view that, the learned Public Prosecutor is right in contending that the petitioner has no cause of action to file this original petition, seeking expeditious disposal of revision petition since the same is filed only on 20.04.2023. Original petition fails and it is accordingly dismissed. Sd/- GOPINATH P. JUDGE AMR O.P.(Crl.) No .374 of 2023 3 APPENDIX OF OP(CRL.) 374/2023 PETITIONER’S EXHIBITS Exhibit1 A TRUE COPY OF THE COMPLAINT ST. 21 OF 2020 FILED BEFORE THE JFCM NO.III, IRINJALAKUDA, DATED 19/2/2016. Exhibit-P2 A TRUE COPY OF THE APPLICATION CMP.14 OF 2023 IN ST.21 OF 2020 TO PRODUCE DETAILS FROM CMI CONGREGATION DATED 13/3/2023. Exhibit-P3 A TRUE COPY OF THE COMMON ORDER PASSED IN

CMP.14 OF 2023 AND CMP.15 OF 2023 IN ST.21 OF 2020 OF THE JUDICIAL FIRST CLASS MAGISTRATE, IRINJALAKUDA DATED 1/4/2023. Exhibit-P4 A TRUE COPY OF THE CRL.RP. 84 OF 2023 ALONG WITH STAY PETITION FILED BEFORE DISTRICT COURT THRISSUR DATED 20/4/2023.

Same Court & Year Kerala · 2023 Same Parties Preman vs ROBIN Same Judge Honourable Mr. Justice Gopinath P.