High Court Kerala High Court

V.P.Shaji vs C.M.George on 16 March, 2009

Kerala High Court
V.P.Shaji vs C.M.George on 16 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7879 of 2009(Q)


1. V.P.SHAJI, S/O.V.V.PAILY,
                      ...  Petitioner

                        Vs



1. C.M.GEORGE, CHERUMOOZHIKKAL HOUSE,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.P.P.JACOB

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :16/03/2009

 O R D E R
                    M.N.KRISHNAN, J.
                 -------------------------------
             W.P.(C).NO.7879 OF 2009 (Q)
               -----------------------------------
        Dated this the 16th day of March, 2009

                      J U D G M E N T

This writ petition is filed to direct the Judicial First Class

Magistrate Court, Kochi to dispose of Ext.P1 complaint on

merit without considering the question of maintainability or in

the alternative, to issue appropriate directions and orders

transferring C.C.No.1547/2003 from JFCM Court I, Kochi to

JFCM Court I, Moovattupuzha. It appears that a case has

been remanded by this Court for fresh disposal and thereafter

by virtue of a decision of this Court in Santhosh Kumar v.

Mohanan (2008 (3) KLT 461), there are some points

regarding the jurisdictional aspect. Now the learned counsel

wants that in the light of the decision reported in Shamshad

Begum v. Mohammed (2009 (1) KLT 886 (SC)), the

judgment passed by this Court have to be followed. This is

the point which the Court, where the matter is pending, has to

consider and when a decision is taken and it goes against the

party, that party can come to the Court for ventilating the

WP(C).7879/09 2

grievances. It may not be possible for this Court to consider

the applicability or inapplicability of a decision in a pending

matter which is to be considered by another Court. So, with

the liberty to the petitioner to canvass the position which he

wants, the Criminal M.C. is dismissed and I do not invoke the

powers under Sections 226 or 227 of the Constitution of India.

M.N.KRISHNAN
JUDGE

prp

J.B.KOSHY & THOMAS P. JOSEPH, JJ.

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M.F.A.NO. OF 2006 ()

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J U D G M E N T

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6th November, 2008