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High Court of KeralaWP(C)/27459/2015disposed of

Cr.Subramanian Potty v. The Sub Divisional Magistrate

2015-09-11Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 WP(C).No. 27459 of 2015 (F) --------------------------------------- PETITIONER(S):

---------------------- CR.SUBRAMANIAN POTTY, AGED 53 YEARS, S/O.RAMACHANDRAN POTTY, PROPRIETOR, TRISTAR MARKETING CORPORATION, KADAMBARI, NORTH HARIPPAD P.O., ALAPPUZHA DISTRICT.

BY ADVS.SRI.SABU THOZHUPPADAN SMT.P.M.JINIMOL RESPONDENT(S):

------------------------- 1.

THE SUB DIVISIONAL MAGISTRATE,A FORTKOCHI, ERNAKULAM-682001. 2.

AUTOCOP (INDIA) PVT.LTD., REGD.OFFICE AT MUHAMMADABI, INSUFALI COMPOUND, OLD AGRA ROAD, NAZIK-422401 REPRESENTED BY ITS DIRECTOR UMESH P.DESPANDEY. 3.

UMESH P.DESPANDEY, DIRECTOR, AUTOCOP (INDIA) PVT.LTD., REGD.OFFICE AT MUHAMMADABI, INSUFALI COMPOUND, OLD AGRA ROAD, NAZIK-422401 4.

NEERAJ SARAD JAKHADKAR, AUTOCOP (INDIA) PVT.LTD., REGD.OFFICE AT MUHAMMADABI, INSUFALI COMPOUND, OLD AGRA ROAD, NAZIK-422401 5.

SARAD T. PANDEY, S/O.THUKKARAN PANDEY, AUTOCOP (INDIA) PVT.LTD., ANCHUMANA ROAD, EDAPPALLY, ERNAKULAM-682024.

R1 BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 27459 of 2015 (F) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 A TRUE COPY OF COMPLAINT NO.C-2525/2013 DATED 25/3/13 EXT.P2 A TRUE COPY OF THE ORDER DATED 14/2/12 IN C-1562/12 OF R1 EXT.P3 A TRUE COPY OF THE PETITION AND AFFIDAVIT DATED 26/7/12 SUBMITTED BY THE R5 TO THE R1 EXT.P4 A TRUE COPY OF PETITION TO RECALL WARRANT DATED 6/11/12 FILED BY THE COUNSEL FOR PETITIONER BEFFORE R1 IN C-1562/12. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A. MUHAMED MUSTAQUE, J.

................................................. W.P.(C) No. 27459 of 2015 (F) ............................................... Dated this the 11th day of September, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers :

i.

Issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to complete the proceedings on Ext.P1 under Section 340 of code of Criminal Procedure within a stipulated period.

ii. Grant such other reliefs deem fit and proper in the interest of justice.

2.Heard both sides.

3.The learned counsel for the petitioner submits that, the petitioner has approached the 1st respondent to initiate action under Section 340 of the Code of Criminal Procedure against the party respondents. The only prayer now pressed before this Court is for a direction to the 1st respondent to consider

W.P.(C) No. 27459 of 2015 (F) Ext.P1 and pass appropriate orders within a time frame. 4.Considering the facts and circumstances, this writ petition is disposed of, with a direction to the 1st respondent to consider Ext.P1 complaint and pass appropriate orders, in accordance with law, after giving an opportunity of hearing to the petitioner and the respondents in the complaint, as expeditiously as possible, within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE AMV/14/09/