Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 29TH DAY OF DECEMBER 2020 / 8TH POUSHA, 1942 OP(Crl.).No.402 OF 2020 AGAINST CMP 2471/2020 DATED 27-10-2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, HARIPAD PETITIONER/RESPONDENTS: 1 ARUN RAJAN.R.V AGED 32 YEARS S/O (LATE) RAJENDRAN NAIR.K, RESIDING AT RAJASMRITHI, PLRA-221, PLAVODE, KODUNGANOOR.P.O, VATTIYOORKAVU, 2 G.VASANTHALAKSHMI, W/O (LATE) RAJENDRAN NAIR.K, RESIDING AT RAHAMRITHI, PLRA-221 PLAVODE, KODU.P.O, VATTKAVU 3 AJAY RAJAN.R.V, S/O (LATE) RAJENDRAN NAIR.K, RESIDING AT RAJASMRITHI, PLRA-221 PLAVODE, KODUNGANOOR.P.O, VATTIYOORKAVU, BY ADV. SMT.MAJIDA.S RESPONDENTS/PETITIONER & STATE: 1 DEVIKA JAYAKUMAR, AGED 28, D/O JAYAKUMAR RESIDING AT NELLIKOMATH HOUSE, AKAMKUDY.P.O, HARIPAD, ALAPPUZHA DISTRICT-686 613 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM-682 031 THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 29.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 29th day of December 2020 The learned counsel for the petitioners, confines the reliefs claimed in this original petition to the direction to dispose of Ext.P7 in a time bound manner.
2. The learned counsel for the petitioners in the course of
her arguments referred to Ext.P8 objection filed by the respondent to Ext.P7. The 1st respondent in Ext.P8 objection has pointed out that she has no objection in appointing an Advocate Commissioner for the purpose of taking an inventory of gold ornaments as sought for in Ext.P7. There are other similar reliefs also claimed in Ext.P7.
3. It is also pointed out by the learned counsel for the
petitioners that the matter has been posted to a date in February, 2021 without taking note of Ext.P7 or the objections filed therein, and she submits that the same will cause prejudice to the petitioners as well as the respondent and unless a time bound disposal is directed, the parties will be put to hardships.
4. After analyzing the facts of the case and arguments raised, I am of the view that a direction as sought for can be granted even without issuing notice to the 1st respondent.
5. In view of the above, I direct the Judicial First Class
Magistrate Court-II, Haripad, to dispose of C.M.P.No.2472/2020 in MC No.49/2020 (Ext.P7) as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment.
The Original Petition (CRL) is disposed of as above. Sd/- BECHU KURIAN THOMAS SAS/29/12/2020 JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE M.C NO.49/2020 ON THE FILE EXHIBIT P2 TRUE COPY OF THE C.M.P NO.1742/2020 IN M.C. NO.49/2020 ON THE FILE OF JUDICIAL FIRST EXHIBIT P3 TRUE COPY OF THE ORDER DATED 18.6.2020 IN C.M.P NO.1742/2020 IN M.C.NO.49/2020 OF THE EXHIBIT P4 TRUE COPY OF THE OBJECTION IN M.C NO.49/2020 DATED 26.10.2020 ON THE FILE OF EXHIBIT P5 TRUE COPY OF THE OBJECTION IN C.M.P NO.1742/2020 DATED 26.10.2020 ON THE FILE
EXHIBIT P6 TRUE COPY OF C.M.P NO.2471/2020 DATED EXHIBIT P7 TRUE COPY OF THE C.M.P NO.2472/2020 DATED EXHIBIT P8 TRUE COPY OF THE OBJECTION IN C.M.P
NO.2472/2020 DATED 1.12.2020 ON THE FILE OF RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE