High Court Kerala High Court

Sujithkumar C.P. vs State Of Kerala on 22 January, 2010

Kerala High Court
Sujithkumar C.P. vs State Of Kerala on 22 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 104 of 2010()


1. SUJITHKUMAR C.P., AGED 30 YEARS,
                      ...  Petitioner
2. C.BALAKRISHNAN NAIR, R/AT.VYSAKH,
3. SUCHITRA C.P.,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. MAYA M.K., D/O.K.MADHAVAN,

                For Petitioner  :SRI.KODOTH SREEDHARAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :22/01/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
          ===========================
          CRL.M.C.No. 104    OF 2010
          ===========================

    Dated this the 22nd day of January,2010

                     ORDER

Petitioners are the accused and second

respondent the de facto complainant in

C.C.622/2007 on the file of Judicial First

Class Magistrate’s Court, Thaliparamba taken

cognizance for the offence under section 498A

read with section 34 of Indian Penal Code on

annexure VII final report. This petition is

filed under section 482 of the Code of Criminal

Procedure to quash the cognizance taken

contending that there is no material to prove

the ingredients of the offence.

2. Learned counsel appearing for the

petitioners and learned Public Prosecutor were

heard.

3. On hearing the learned counsel and

going through Annexure VII final report, I

Crl.M.C.104/2010 2

cannot agree with the submission that this court

has to exercise the extra ordinary powers under

section 482 of the Code of Criminal Procedure to

quash the cognizance taken. Learned counsel then

submitted that as the case is pending from 2007

onwards and the marital relationship has already

been terminated by divorce, a direction be issued

to the learned Magistrate to dispose the case

expeditiously.

Petition is disposed directing Judicial First

Class Magistrate, Thaliparamba to dispose

C.C.622/2007 as expeditiously as possible, at any

rate, within six months from the date of receipt of

a copy of this order.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

———————

W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006