C.P.Chandrasekharan v. Lincy

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID SATURDAY, THE 21ST DAY OF NOVEMBER 2015/30TH KARTHIKA, 1937 Crl.MC.No. 6482 of 2015 (E) --------------------------- AGAINST THE ORDER IN C.M.P.NO.1825/2015 DATED 03.09.2015 C.C.NO.420/2012 OF JFCM COURT-VI, KOZHIKODE PETITIONER(S)/PETITIONER :- -------------------------------------------- C.P.CHANDRASEKHARAN, AGED 64 YEARS, S/O.LATE K.MADHAVAMENON, 33/1716 C APARNA LAW CHAMBERS, VENNALA P O, KANIAPPILLY ROAD, CHAKKARAPARAMBA , KOCHI - 28 BY ADVS.SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH SMT.APARNA C.MENON RESPONDENT(S)/COMPLAINANT :- ---------------------------------------------------

1. MRS.LINCY, AGED 38 YEARS, W/O.SAJESHKUMAR, THIRUMALAYAM HOUSE, CHOYIKKUTTY ROAD, MAKKADA P O, KOZHIKODE - 673001.

2. STATE OF KERALA, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031.

R1 BY ADV. SMT.P.K.RADHIKA R2 BY SRI.JUSTIN JACOB, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 6482 of 2015 (E) ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :- --------------------------------------------- ANNECURE 1:- TRUE COPY OF THE COMPLAINT AS CC NO 980/2011 OF THE JFCM COURT, KOZHIKODE DATED 26/11/2011.

ANNEXURE 2:- TRUE COPY OF THE PETITION AS CMP NO 1825/2015 DATED 26/06/2015.

ANNEXURE 3:- TRUE COPY OF THE ORDER IN CMP NO 1825/2015 DATED 3/9/2015. RESPONDENT(S)' ANNEXURES :- NIL ----------------------------------------------- //TRUE COPY// P.A. TO JUDGE

P.UBAID, J.

============================ Crl.M.C.No.6482 of 2015 ============================ Dated this the 21st day of November, 2015

ORDER

The learned counsel for the petitioner seeks permission to withdraw this proceeding. However, the learned counsel for the respondent complains that the petitioner has been bringing petitions, one after the other, to stall the trial, and that the trial stands held up in the trial court at the instance of the petitioner. The learned counsel makes a request for a direction to the learned Magistrate to dispose of the case at the earliest. It appears that the present Crl.M.C. is only one in the series of petitioners brought by the petitioner herein during the trial process. The greivance of the respondent appears to be quite genuine. The petitioner cannot be permitted to make applications, one after the other, stalling the trial process. Anyway, the petitioner does not want to

Crl.M.C.No.6482 of 2015 2 prosecute the matter further.

In the result, the submission of the learned counsel is recorded, and the Crl.M.C is disposed of as withdrawn. However, there will be a direction to the learned Magistrate to dispose of the case as expeditiously as possible, and if possible, within a period of three months.

Sd/- P.UBAID JUDGE //TRUE COPY// P.A. TO JUDGE