Kerala High Court
Shyla vs The State Of Kerala
Author: C.T.Ravikumar
Bench: C.T.Ravikumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
WEDNESDAY, THE 6TH DAY OF FEBRUARY 2013/17TH MAGHA 1934
OP(Crl.).No. 27 of 2013 (Q)
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(CC.689/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KAYAMKULAM)
PETITIONER(S):
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SHYLA, AGED 29 YEARS
D/O.LAILA, RESIDING AT PULIMOOTTIL PADEETTATHIL
KAYAMKULAM MURI, KAYAMKULAM VILLAGE, ALAPPUZHA.
BY ADVS.SRI.R.RAJASEKHARAN PILLAI
SMT.SABINA JAYAN
RESPONDENTS:
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1. THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, PIN-682031.
2. THE SUB INSPECTOR OF POLICE
KAYAMKULAM, PIN-690502.
3. SUDHEER
S/O.NOOH, KORANDIPALLIL KIZHAKKATHIL, ERUVA MURI
PATHIYOOR VILLAGE, ERUA P.O., KAYAMKULAM
ALAPPUZHA, PIN-690502.
4. JAMEELA @ SARA BEEVI
RESIDING AT -DO-, PIN-690502.
5. NOOH
RESIDING AT -DO-, PIN-690502.
6. SHEEJA
D/O.NOOH, -DO-, PIN-690502.
7. SUNITHA
W/O.BASHEER, RESIDING AT NJONDIVEETTIL
ADIKATTUKULANGARA MURI, PALAMEL VILLAGE, MAVELIKARA
ALAPPUZHA - 690101.
R1 & R2 BY GOVERNMENT PLEADER SRI.RAJESH VIJAYAN
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 06-02-2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(Crl.).No. 27 of 2013 (Q)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: TRUE COPY OF THE COMPLAINT UNDER SECTION 198a AND 200 OF THE
Cr.P.C. FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, KAYAMKULAM.
EXT.P2: TRUE COPY OF THE FIR ALONG WITH THE CHARGE SHEET AND THE CASE
DIARY.
EXT.P2A: LEGIBLE COPY OF EXT.P2.
EXT.P3: TRUE COPY OF THE CIRCULAR NO28/99 DATED 6.12.99 ISSUED BY THE
DIRECTOR GENERAL OF POLICE.
EXT.P4: TRUE COPY OF THE ORDER DATED 11.12.2012 IN OP(Crl.)NO.4178 OF 2012
OF THIS HON'BLE COURT.
EXT.P5: TRUE COPY OF PETITION DATED 20.12.2012 SUBMITTED BY THE
PETITIONER PETITIONER IN CC NO.689/2010 BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, KAYAMKULAM.
EXT.P6: TRUE COPY OF THE AFFIDAVIT DATED 29.8.2011 SUBMITTED BY THE
PETITIONER IN MC NO.154/09 BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, KAYAMKULAM.
// TRUE COPY //
TKS
C.T.RAVIKUMAR, J.
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O.P.(Crl.)No.27 of 2013
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Dated 6th February, 2013
JUDGMENT
The petitioner herein is the defacto complainant in C.C.No.689 of 2010 on the file of the Court of Judicial First Class Magistrate, Kayamkulam. Dissatisfied with the investigation conducted earlier and the final report filed under Section 173 of the Code of Criminal Procedure she had approached this Court by filing O.P.(Crl.) No.4178 of 2012. That original petition was disposed of as per Ext.P4 judgment as hereunder:-
"In case petitioner appears before the learned magistrate within a period of two weeks from today, and moves an excuse petition learned magistrate shall condone her absence for non-appearance on the previous dates, and warrant, if any, issued against her shall be recalled."
The contention of the petitioner is that pursuant to Ext.P4 judgment the petitioner appeared before the learned Magistrate and moved a petition. But, that was not considered in accordance with law. In view of the order I propose to pass in this petition I do not think it necessary to deal with the contentions in detail. Essentially, the petition filed by the petitioner herein before the trial court is a petition O.P.(Crl.)No.27/2013 2 under Section 173(8) Cr.P.C. for further investigation. Ext.P4 would reveal that this Court after considering the contentions raised in O.P.(Crl.)No.4178 of 2012 granted liberty to the petitioner to move the trial court with such a petition under Section 173(8) Cr.P.C. When that be so, the learned Magistrate is bound to consider the same in accordance with law and pass appropriate orders thereon. In the said circumstances, this original petition is disposed of as hereunder:-
In case the petitioner files a petition under Section 173(8) Cr.P.C. for further investigation within a period of two weeks from today, the learned Magistrate shall pass appropriate orders thereon in accordance with law, expeditiously.
Sd/-
C.T.RAVIKUMAR Judge TKS