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.
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W.P.(C).NO.7879 OF 2009 (Q)
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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