IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 30TH DAY OF SEPTEMBER 2019 / 8TH ASWINA, 1941
OP(Crl.).No.390 OF 2019
CC 51/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KODUNGALLUR
CRIME NO.1568/2010 OF Kodungallur Police Station, Thrissur
PETITIONERS/ACCUSED 3 4:
1 ASHA,AGED 54 YEARS,W/O.ABDUL KADER, PARAMBATHKANDI
HOUSE.P.O. PULLUT, KODUNGALLUR TALUK.
2 SAJANA,AGED 29 YEARS,W/O.KASIM, THARUPEEDIKAYIL
HOUSE, KARA KATHIYALAM DESOM, EDAVILANGU VILLAGE,
KODUNGALLUR TALUK.
BY ADVS.
SRI.P.M.ABDUL JALEEL (KODUNGALLUR)
SRI.A.G.VISWAMBHARAN
SRI.T.V.SHAJI
RESPONDENTS/STATE, DEFACTO COMPLAINANT ACCUSED 1, 2 AND 5:
1 STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF
POLICE, KODUNGALLUR POLICE STATION THROUGH THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682091
2 SHANYA.C.S.,AGED 34 YEARS,D/O.SHANVAS.C.M, CHENTHARA
HOUSE, THAYIKKATTUKARA.P.O, ALUVA-6835102
3 NOUFAL GAFOOR,AGED 34 YEARS,S/O.ABDUL KADER,
PARAMBATHKANDI HOUSE, P.O.PULLUT, KODUNGALLUR TALUK-
686002
4 ABDUL KADER(DIED),X
5 SAINABA,AGED 54 YEARS,W/O.ABDUL KADER,
THARUPEEDIKAYIL HOUSE, KARA KATHIYALAM DESOM,
EDAVILANGU VILLAGE, KODUNGALLUR TALUK-686007
OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30.09.2019, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
O.P.(Crl)No.390/2019 2
ALEXANDER THOMAS, J.
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O.P.(Crl)No.390 of 2019
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Dated this the 30th day of September, 2019
JUDGMENT
The main prayer in the afore captioned Original Petition (Crl) filed
under Article 227 of the Constitution of India is as follows:
“(a)To order the court below to expedite the trial against
the petitioners in C.C.51/2011 on the file of J.F.C.M. Court,
Kodungallur.”
2. The petitioners herein have been arrayed as accused Nos.3 and
4 respectively in the impugned Calendar Case, C.C.No.51/2011 on the file of
the Judicial First Class Magistrate Court, Kodungallur for offences
punishable under 498A and 34 of the Indian Penal Code. The accused No.1
is the husband of the 2 nd respondent lady defacto complainant in this case.
Accused 2, 3 and 4 are the father, mother and sister respectively of accused
No.1. Accused No.5 is the mother-in-law of the 2 nd respondent lady
defacto complainant’s husband’s sister. Accused No.2 (father) is now no
more. The case against accused No.1 has been split up. Accused No.5 was
initially arrayed as accused in the F.I.R and later, after conclusion of the
investigation, the Police has filed final report/chargesheet in the instant
case, whereby accused No.5 has been deleted from the accused array and
thereafter, the learned Magistrate has taken cognizance in the case only in
respect of the other accused persons. The 2 nd respondent, thereafter, had
made a plea for conduct of further investigation so as to implicate accused
O.P.(Crl)No.390/2019 3
No.5 and the said plea was dismissed by the learned Magistrate. Later, at
the time of evidence, the learned Magistrate, on an application under
Section 319 of the Cr.P.C has additionally included accused No.5 as the
additional accused in the instant case and thereupon proceedings against
accused No.5 has now been stayed by this Court in Crl.M.C.No.787/2019.
3. Pursuant to the directions issued by this Court, the Judicial
First Class Magistrate Court, Kodungallur has now furnished a report
dated 16.9.2019 before the Registry of this Court and it would appear that
since accused No.1 is stated to be abscondoning and his case has been split
up and as against there is stay in respect of further proceedings as against
accused No.5, the trial now proposed is in regard to accused 2 and 4, out of
which accused No.2 is now no more. Further the report of the trial Court
would reveal that PW1 was examined on 14.1.2015 and PW2 was examined
on 26.5.2-016 and he was cross examined at length on subsequent days and
PW3 was also examined on quite a few days. The learned Magistrate would
submit in the above said report dated 16.9.2019 furnished to the Registry of
this Court that four months’ time is required to complete the trial as
against accused 2 to 4. It is beyond any dispute that accused No.2 is no
more.
4. Accordingly, it is ordered that the Judicial First Class
Magistrate Court, Kodungallur will take all reasonable measures possible
under the circumstances to ensure that the trial as against accused 3 and 4
(petitioners herein) is completed without any further delay, preferably
within the time line of three months suggested by the trial Court. The
O.P.(Crl)No.390/2019 4
Registry will forward a copy of this order before the Judicial First Class
Magistrate Court, Kodungallur for information, at the cost of the
petitioner.
With these observations and directions, the above Original Petition
(Criminal) will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
acd
O.P.(Crl)No.390/2019 5
APPENDIX
PETITIONER’S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF CHARGE SHEET IN
CC.CC.51/2011 ON THE FILE OF J.F.C.M
COURT, KODUNGALLUR
EXHIBIT P2 THE TRUE COPY OF PRIVATE COMPLAINT,
CMP.9108/2010 SUBMITTED BY THE DEFACTO
COMPLAINANT (RESPONDENT 2) BEFORE
J.F.C.M COURT, KODUNGALLUR ON 22.11.2010
EXHIBIT P3 THE TRUE COPY OF INTERIM ORDER IN
CRIMINAL MA.1/2019 IN CRIMINAL
MC.787/2019 OF THIS HON’BLE HIGH COURT
OF KERALA
EXHIBIT P4 THE TRUE COPY OF THE PROCEEDINGS IN CC
NO.51/2011 ON THE FILE OF JFCM, COURT,
KODUNNGALLUR UP TO JANUARY 2019
