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Asha vs State Of Kerala Represented By Sub … on 30 September, 2019

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.
——————————————-
O.P.(Crl)No.390 of 2019
———————————————-
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

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