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