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Thulasibhai vs Mohanan

Thulasibhai vs Mohanan

Type Court Judgment Court Kerala Decided Apr 05, 2022
~3 min read
https://sooperkanoon.com/case/1445180

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
OP(Crl.)/27/2021

Parties & Advocates

Appellant / Petitioner

Thulasibhai

Respondent

Mohanan

Excerpt

.....the same day delivered the following: op(crl.) no. 27 of 2021 2j u d g m e n tthis original petition has been filed challenging ext.p1order passed by the chief judicial magistrate court, thrissurunder section 20(3) and (6) of the mental healthcare act, 1987.2. the impugned order is appealable under section 49 ofthe mental healthcare act, 1987. hence, this original petition is not maintainable. accordingly, this original petition is dismissed with liberty to the petitioner to approach the appellate forum.3. the learned counsel for the petitioner submitted that itis under the bonafide belief, the petitioner approached this court. hence, the delay in filing the appeal shall be condoned by the appellate forum, if the petitioner files appeal within one week from today. till the appeal is filed, the order of the chief judicial magistrate court, thrissur shall be kept in abeyance. sd/- dr.kauser edappagath judge ab op(crl.) no. 27 of 2021 3 appendix of op(crl.) 27/2021 petitioner exhibits exhibit p1 true copy of the reception order dated the files of chief judicial magistrate court, thrissur. exhibit p2 true copy of letter of the districtlegal services authority, thrissur to superintendent, government mental health centre, thrissur dated 01/10/2016. exhibit p3 true copy of the petition for receptionorder filed by the respondent.exhibit p4 true copy of deposition of cw1. exhibit p5 true copy of deposition of cw2. exhibit p6 true copy of deposition of cw3. exhibit p7 true copy of deposition of cw4. exhibit p8 true copy of deposition of cw5. exhibit p9 true copy of the medical examinationreport dated 18/09/2019 from government medical college, thrissur. exhibit p10 true copy of the sslc certificate showing marks obtained by gouri mohan in sslc exam. exhibit p11 true copy of conduct certificate dated 02.07.2020 issued by the headmaster, holy cross higher secondary school, mapranam to gouri mohan. exhibit p12 true copy of.....

Full Judgment

OP(CRL.) NO. 27 OF 2021 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944 OP(CRL.) NO. 27 OF 2021 AGAINST THE ORDER IN CRL.M.P 4584/2017 OF CHIEF JUDICIAL MAGISTRATE ,THRISSUR PETITIONER/RESPONDENT: THULASIBHAI, AGED 51 YEARS W/O.MOHANAN, KALAVICHIRATHIL HOUSE, NJERUVISSERY, ARATTUPUZHA P.O., THRISSUR DISTRICT, PIN - 680 562 PRESENTLY RESIDING AT KALAVICHIRATHIL HOUSE, PORUTHUSSERY, IRINJALAKUDA NORTH, PORUTHUSSERY P.O., THRISSUR, PIN 680 125. BY ADV RANJITH XAVIER RESPONDENT/S: MOHANAN, AGED 62 YEARS S/O.KUNJUNNI NAIR, RESIDING AT KALAVICHIRATHIL HOUSE, NJERUVISSERY, ARATTUPUZHA P.O., THRISSUR DISTRICT, PIN - 680 562. BY ADVS. SRI.VINOD RAVINDRANATH SMT.MEENA.A. SMT.M.R.MINI SRI.K.C.KIRAN SRI.M.DEVESH SHRI.ANISH ANTONY ANATHAZHATH SRI.ASHWIN SATHYANATH SHRI.THAREEQ ANVER SMT T V NEEMA -SR PP THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CRL.) NO. 27 OF 2021 2

J U D G M E N T

This Original Petition has been filed challenging Ext.P1

order passed by the Chief Judicial Magistrate Court, Thrissur

under Section 20(3) and (6) of the Mental Healthcare Act, 1987.

2. The impugned order is appealable under Section 49 of

the Mental Healthcare Act, 1987. Hence, this Original Petition is not maintainable. Accordingly, this Original Petition is dismissed with liberty to the petitioner to approach the Appellate Forum.

3. The learned counsel for the petitioner submitted that it

is under the bonafide belief, the petitioner approached this Court. Hence, the delay in filing the appeal shall be condoned by the Appellate Forum, if the petitioner files appeal within one week from today. Till the appeal is filed, the order of the Chief Judicial Magistrate Court, Thrissur shall be kept in abeyance. Sd/- DR.KAUSER EDAPPAGATH JUDGE ab OP(CRL.) NO. 27 OF 2021 3 APPENDIX OF OP(CRL.) 27/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RECEPTION ORDER DATED THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR. EXHIBIT P2 TRUE COPY OF LETTER OF THE DISTRICT

LEGAL SERVICES AUTHORITY, THRISSUR TO SUPERINTENDENT, GOVERNMENT MENTAL HEALTH CENTRE, THRISSUR DATED 01/10/2016. EXHIBIT P3 TRUE COPY OF THE PETITION FOR RECEPTION

ORDER FILED BY THE RESPONDENT.

EXHIBIT P4          TRUE COPY OF DEPOSITION OF CW1.
EXHIBIT P5          TRUE COPY OF DEPOSITION OF CW2.
EXHIBIT P6          TRUE COPY OF DEPOSITION OF CW3.
EXHIBIT P7          TRUE COPY OF DEPOSITION OF CW4.
EXHIBIT P8          TRUE COPY OF DEPOSITION OF CW5.
EXHIBIT P9          TRUE COPY OF THE MEDICAL EXAMINATION

REPORT DATED 18/09/2019 FROM GOVERNMENT MEDICAL COLLEGE, THRISSUR. Exhibit P10 TRUE COPY OF THE SSLC CERTIFICATE SHOWING MARKS OBTAINED BY GOURI MOHAN IN SSLC EXAM. Exhibit P11 TRUE COPY OF CONDUCT CERTIFICATE DATED 02.07.2020 ISSUED BY THE HEADMASTER, HOLY CROSS HIGHER SECONDARY SCHOOL, MAPRANAM TO GOURI MOHAN. Exhibit P12 TRUE COPY OF CERTIFICATE OF PARTICIPATION ISSUED TO GOURI MOHAN BY THE MINISTRY OF CULTURE. Exhibit P13 TRUE COPY OF THE CERTIFICATE DATED

09.08.2021 ISSUED BY THE HEADMASTER OF SPKCMMG UPPER PRIMARY SCHOOL, MADAYIUKONAM CERTIFYING PARTICIPATION OF GOUTHAM MOHAN IN U.S.S. SCHOLARSHIP EXAM AND REGARDING CONDUCT. Exhibit P14 TRUE COPY OF THE ORDER O.P.NO. 488-489/PA/2017 DATED 16.09.2017 OF THE CHILD WELFARE COMMITTEE, THRISSUR. Exhibit P15 TRUE COPY OF MEDIATION AGREEMENT DATED 24.11.2018 BETWEEN THE PETITIONER AND THE RESPONDENT IN RESPECT OF OP NO.1800/2017 BEFORE THE FAMILY COURT, THRISSUR. OP(CRL.) NO. 27 OF 2021 4 RESPONDENT’S EXHIBITS: EXT.R1: COPY OF THE ORDER DATED 6.8.2020 IN B.A NO.2215/2020

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Same Court & Year Kerala · 2022 Same Parties Thulasibhai vs Mohanan Same Judge Honourable Dr. Justice Kauser Edappagath

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