Emily Lukose v. Sneha Jose
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 OP(Crl.).No. 300 of 2014 (Q) ----------------------------- PETITIONER(S):
--------------- EMILY LUKOSE AGED 62 YEARS W/O.GEORGE LUKOSE, RESIDING AT PLATHOTTAM HOUSE ATHIRAMPUZHA P.O., KOTTAYAM - 686 562.
BY ADVS.SRI.DIPU.R SRI.SANAL P.RAJ SRI.DHANYA BABU SMT.P.A.PRIYA RESPONDENT(S):
--------------
1. SNEHA JOSE, AGED 28 YEARS W/O.JIJU LUKOSE AND D/O.JOSE KURIAN, VEMPENY HOUSE VETTIMUKAL P.O., ETTUMANOOR, KOTTAYAM - 686 631.
2. JOSE KURIAN, AGED 61 YEARS S/O.LATE S.KURIAN, VEMPENY, VEMPENY HOUSE VETTIMUKAL P.O., ETTUMANOOR, KOTTAYAM686 631.
3. ROSAMMA T.A., AGED 61 YEARS W/O.JOSE KURIAN, VEMPENY HOUSE VETTIMUKAL P.OETTUMANOOR, KOTTAYAM - 686 631.
4. ANTO J.VEMPENY, AGED 32 YEARS S/O.JOSE KURIAN, VEMPENY HOUSE, VETTIMUKAL P.O. ETTUMANOOR, KOTTAYAM - 686 631.
5. SHEELAMMA MATHEW, AGED 54 YEARS SISTER OF JOSE KURIAN, VETTUMALA HOUSE PUNNATHARA WEST P.O., ETTUMANOOR, KOTTAYAM - 686 638.
6. SHEEN J.VEMPENY, AGED 32 YEARS S/O.JOSE KURIAN, VEMPENY HOUSE VETTIMUKAL P.O.ETTUMANOOR, KOTTAYAM - 686 631.
7. THANKACHAN VEMPENY, AGED 56 YEARS BROTHER OF JOSE KURIAN, VEMPENY HOUSE, KATTACHIRA P.O. KIDANGOOR, KOTTAYAM-686 572.
8. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.
R8 BY GOVERNMENT PLEADER SMT.S.HYMA THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 12-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(Crl.).No. 300 of 2014 (Q) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXT.P-1: TRUE COPY OF CMP NO.7945/2013 O JFMC COURT, ETTUMANNOOR. EXT.P-2: TRUE COPY OF THE ORDER SHEET IN CMP NO.7945/2013, BEFORE THE JFMC COURT, ETTUMANNOOR.
RESPONDENT(S)' EXHIBITS ------------------------------ /TRUE COPY/ P.S TO JUDGE
P.UBAID, J.
~~~~~~~~~~ O.P (Crl) No.300 of 2014 ~~~~~~~~~~~ Dated this the 12th January, 2015
J U D G M E N T
The petitioner herein has brought a complaint before the Judicial First Class Magistrate Court, Ettumanoor alleging the offences under Sections 170, 380, 466, 468, 471, 474 read with 120B of Indian Penal Code and the same is pending as C.M.P. No.7945 of 2013. Her grievance is that enquiry under Section 202 of the Code of Criminal Procedure is delayed for no reason, and so she seeks a direction to the court below to expedite enquiry on her complaint. As required by the court, the learned Magistrate submitted a report regarding the things that transpired in the proceeding. This report shows that the petitioner had contributed to the delay to some extent. However, after her examination under Section 200 of Cr.P.C, the complaint was adjourned to 13.5.2014 for further enquiry under Section 202 of Cr.P.C. On that day, the learned counsel for the petitioner submitted that she has no further evidence. Accordingly, the matter was posted for hearing. By the
O.P (Crl) 300 of 2014.
time, the other connected matters were referred to mediation. When the learned Magistrate took up C.M.P. No.7945 of 2013 during the process, he found the necessity of proper investigation into the allegations made in the complaint, under Section 202 of Cr.P.C. Accordingly, the learned Magistrate directed the police to make investigation under Section 202 of Cr.P.C and the C.M.P now stands posted to 22.1.2015.. In such a situation, where the learned Magistrate has ordered investigation under Section 202 of Cr.P.C, a direction for speedy or expeditious disposal cannot be now granted. After such investigation is over, the learned Magistrate will proceed further in the matter, and if enquiry or hearing is delayed, the petitioner can very well approach this Court.
With the above observations, this O.P. (Crl) is closed.
Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge