Kerala High Court
OP(Crl.)/216/2025 of MATHAI Vs STATE OFKERALA on 10 April 2025
OF 2025 1 2025:KER:31314 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 OP(CRL.) NO. 216 OF 2025 CRIME NO.730/2022 OF ELOOR POLICE STATION, ERNAKULAM RC NO.18 OF 2023 OF JUDICIAL FIRST CLASS
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
OP(CRL.) NO. 216 OF 2025
CRIME NO.730/2022 OF ELOOR POLICE STATION, ERNAKULAM
RC NO.18 OF 2023 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, KALAMASSERY
PETITIONER/DE FACTO COMPLAINANT:
MATHAI
AGED 72 YEARS
S/O VARGHESE, MULLACKAL VEETIL,
NEAR FAITH CITY CHURCH, PUTHIYAROAD BHAGOM, ELOORKIZHAKKUMBHAGOM KARA, ELOOR VILLAGE, ERNAKULAM DISTRICT, PIN - 683501
BY ADVS.
JACOB CHACKO
B.V.JOY SANKAR
P.SUJITH KUMAR
MATHEWS JOSEPH
SOURADH C. VALSON
GEORGE JOSEPH (ITTANKULANGARA)
BINU PAUL (NETTOOR)
R.RAJA RAJA VARMA
N.KRISHNA MOORTHY
RESPONDENT/STATE & ACCUSED:
STATE OF KERALA
REPRESENTED BY THE STATION HOUSE OFFICER, ELOOR POLICE STATION, ERNAKULAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
JAYARAJ V.C.
VRINDAVANAM, KARUVALLURPARAMBU,
THIRUVENKIDAM, GURUVAYOOR P.O.,
THRISSUR DISTRICT ,
NOW RESIDING AT QUARTERS,
TCC MAIN COLONY, ST. ANN'S ROAD,
UDYOGAMANDAL P.O., ERNAKULAM DISTRICT,
PIN - 683501
OTHER PRESENT:
SRI.M.P. PRASANTH, PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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J U D G M E N T
The petitioner is the de facto complainant in Crime No.730 of 2022 of Eloor Police Station, Ernakulam which was registered for the offences punishable under Sections 279 and 338 of IPC against the 2nd respondent. The police, after investigation, filed a refer charge, which is taken on file by the Judicial First Class Magistrate Court, Kalamassery (for short, 'the trial court') as R.C.No.18 of 2023. The petitioner filed Ext.P3 protest complaint against the said refer charge as early as on 23.09.2023. The grievance of the petitioner is that despite several postings, the trial court has not disposed of Ext.P3. It is in these circumstances, the petitioner has approached this Court to give a direction to the learned Magistrate to dispose of Ext.P3 within a time frame.
2. I have heard Sri.Jacob Chacko, the learned counsel for the petitioner and Sri.Prasanth M.P., the learned Public Prosecutor.
3. I had called for a report from the learned Magistrate. The learned Magistrate reported that though Ext.P3 was taken up for orders to 30.04.2025, it was later on found that statements of witnesses, scene mahazar, wound certificate, seizure mahazar of the vehicles, inspection reports, medical certificates etc., described in R.C.No.18/2023 were not produced before the court. It is further stated that a memo has been issued to SHO, Eloor to produce the aforesaid documents before the court.
4. Having heard the learned counsel appearing for the petitioner and perusing the report of the learned Magistrate, this Original Petition is disposed of as follows:-
(i) The Station House Officer, Eloor is directed to produce all the documents mentioned above before the trial court on or before 20.04.2025.
(ii) The learned Magistrate is directed to dispose of Ext.P3 within three weeks thereafter, in accordance with law.
Sd/- DR.KAUSER EDAPPAGATH, JUDGE AS
APPENDIX OF OP(CRL.) 216/2025 PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.730/2022 OF THE ELOOR POLICE STATION, DATED 05.11.2022 EXHIBIT P2 TRUE COPY OF THE FINAL REPORT IN CRIME NO.730/2022 OF THE ELOOR POLICE STATION, DATED 15.03.2023 EXHIBIT P3 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER, DATED 23.09.2023 WHICH IS NUMBERED AS R.C. NO.18/2023 ON THE FILES OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERY