Kerala High Court
C.A.Viswanatha Pilla vs State Of Kerala
Author: T.R. Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
MONDAY, THE 7TH DAY OF JANUARY 2013/17TH POUSHA 1934
OP(Crl.).No. 73 of 2013 (Q)
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IN THE MATTER OF MC.211/2012 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I
MAVELIKKARA.
PETITIONER(S):
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C.A.VISWANATHA PILLA, AGED 68 YEARS,
S/O.ACHUTHAKURUP, KAIPPALLIL THEKKETHIL,
(VISWANATHA BHAVANAM), NADUVILE MURI, NOORANADU,
MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.
BY ADVS.SRI.R.PADMAKUMAR
SRI.P.ARAVIND.
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY THE HOME SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. RAJAMMA, AGED 53 YEARS,
W/O.VISWANATHA PILLAI, KAIPPALLIL THEKKETHIL
NADUVILE MURI, NOORANADU, MAVELIKKARA TALUK
ALAPPZUZHA DISTRICT - 690 101.
R1 BY GOVERNMENT PLEADER SRI.RAJESH VIJAYAN.
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
07-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(Crl.).No. 73 of 2013 (Q)
APPENDIX
PETITIONER(S) EXHIBITS :-
EXHIBIT P1. TRUE COPY OF THE CARDIOLOGY PATIENT ADVICE SHEET DATED
3.12.12 ISSUED FROM AMRITHA INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTRE, KOCHI.
EXHIBIT P2. TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM AMRITHA
INSITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, KOCHI
DATED 10.8.11.
EXHIBIT P3. TRUE COPY OF THE BRIEF CLINICAL NOTES ISSUED ON 10.08.11 FOR
THE TREATMENT OF 2ND RESPONDENT, FROM MRITHA INSITUTE OF
MEDICAL SCIENCES AND RESEARCH CENTRE, KOCHI.
EXHIBIT P4. TRUE COPY OF THE CERTIFICATE ISSUED FROM MRITHA INSITUTE OF
MEDICAL SCIENCES AND RESEARCH CENTRE, KOCHI DATED
10.12.2012.
EXHIBIT P5. TRUE COPY OF THE ORDER DATED 7.12.2012 IN WPC NO.29302/12.
EXHIBIT P6. TRUE COPY OF THE PETITION SUBMITTED UNDER SECTION 12 OF THE
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT BY THE 2ND
RESPONDENT IN MC NO.211/2012.
EXHIBIT P7. TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 14.12.2012
FILED BY THE PETITIONER IN MC NO.211/12 ON THE FILE OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT 11, MAVELIKKARA.
EXHIBIT P8. TRUE COPY OF THE PETITION DATED 15.12.2012 FILED BY
PETITIONER IN MC NO.211/12 ON THE FILE OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT -II, MAVELIKKARA.
EXHIBIT P9. TRUE COPY O FTHE DEPOSITION OF THE 2ND RESPONDENT HEREIN IN
MC NO.211/2012.
RESPONDENTS' EXHIBITS : NIL.
//TRUE COPY//
P.A TO JUDGE
amk
T.R. RAMACHANDRAN NAIR, J.
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O.P.(Crl) No.73 OF 2013
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Dated this the 7th day of January, 2013.
J U D G M E N T
The main prayer made in this original petition is to quash all further proceedings in Ext.P6 namely, M.C.No.211/2012 on the file of the Judicial First Class Magistrate Court-II, Mavelikkara.
2. The petitioner's wife is the 2nd respondent herein. It is stated that both parties are residing together. It is also stated that the petitioner is a cardiac patient and his wife is suffering from mental disorder. The details of the treatment undertaken as regards the wife have been produced as Exts.P2 to P4. The petitioner happened to approach this Court by filing W.P.(C) No. 29302/2012 wherein an interim order of police protection was granted by this Court as per Ext.P5. Therein protection is sought to the life of the petitioner from the 6th respondent, son of the petitioner. It is stated that after the receipt of the notice in the said writ petition by the son, he pressurized the 2nd respondent to file a complaint under the provisions of the Protection of Women O.P.(Crl) No.73/2013 2 from Domestic Violence Act. Ext.P6 is a copy of the said petition.
3. After the petitioner came to know about the proceedings in the case, he filed an affidavit through the lawyer and a petition to keep the interim order passed in C.M.P.No.6208/2012 in abeyance as per Ext.P7. The petitioner also filed another petition as per Ext.P8 praying for setting aside the interim order in the light of the undertaking made by him that he will not alienate the property and the building which belongs to him. Ext.P9 is a copy of the statement recorded by the learned Magistrate on 15.12.2012.
4. Learned counsel for the petitioner relied upon the contents of Ext.P9 to argue that as no allegation of domestic violence is raised against the petitioner, the entire proceedings will have to be quashed. My attention was specifically invited to Ext.P9 to show that no acts of domestic violence is recorded there. It is evident from the pleadings itself that the said deposition was recorded in the light of the stand taken by the petitioner with regard to the mental illness of the wife itself. Therefore, it is too premature for this Court at this O.P.(Crl) No.73/2013 3 stage to issue a direction to quash the entire proceedings.
5. Learned counsel for the petitioner then prayed for a direction to consider Exts.P7 and P8 pending before the court below and pass appropriate orders. Evidently, the petitioner has been asked to produce the evidence and the case is posted to 17.01.2013.
There will be a direction to the learned Magistrate to pass appropriate orders on Exts.P7 and P8 after hearing both parties expeditiously.
The original petition is closed accordingly.
T.R. RAMACHANDRAN NAIR JUDGE smp