Kerala High Court
Shyla vs The State Of Kerala
Author: S.S.Satheesachandran
Bench: S.S.Satheesachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
TUESDAY, THE 11TH DAY OF DECEMBER 2012/20TH AGRAHAYANA 1934
OP(Crl.).No. 4178 of 2012 (Q)
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MC.154/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KAYAMKULAM
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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
RESPONDENT(S):
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1. THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA - PIN 682 031.
2. THE SUB INSPECTOR OF POLICE,
KAYAMKULAM - 690 502.
3. SUDHEER,
S/O.NOOH, KORANDIPALILLIL KIZHAKKATHIL,
ERUVA MURI, PATHIYOOR VILLAGE, ERUVA P.O.,KAYAMKULAM,
ALAPPUZHA- PIN 690 502.
4. JAMEELA @ SARA BEEVI, RESIDING AT DO DO.
5. NOOH, RESIDING AT ..DO...DO....
6. SHEEJA, D/O.NOOH,.... DO... DO.....
7. SUNITHA, W/O.BASHEER,
RESIDING AT NJONDIVEETTIL, ADIKATTUKULANGARA MURI,
PALAMEL VILLAGE, MAVELIKKARA, ALAPPUZHA - PIN 690 502.
R1 & R2 BY GOVERNMENT PLEADER SRI.SHYSON P.MANGUZHA
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 11-12-2012, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Kss
OP(CRL)NO.4178/2012 Q
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 TRUE COPY OF THE COMPLAINT U/SEC. 198A AND 200 OF THE CR.PC
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 NO 28/99 DATED 6-12-99 ISSUED BY
THE DIRECTOR GENERAL OF POLICE.
EXT.P4 TRUE COPY OF THE AFFIDAVIT DATED 29-08-2011 SUBMITTED BY
THE PETITIONER IN MC NO 154/09 BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT KAYAMKULAM.
RESPONDENTS' EXHIBITS: N I L
/TRUE COPY/
P.S.TO JUDGE
Kss
S.S.SATHEESACHANDRAN, J.
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O.P.(Crl) No.4178 of 2012
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Dated this the 11th day of December, 2012
JUDGMENT
Petitioner is the de facto complainant in a pending case on the file of the Judicial First Class Magistrate Court, Kayamkulam. Crime registered on the complaint has led to indictment of five accused persons including her husband for offences punishable under Section 386, 406, 498 and 498A read with Section 34 of the Indian Penal Code, on a report filed by the Sub Inspector of Police, Kayamkulam Police Station. She has filed the above petition complaining that investigation of the crime has been conducted shabbily with the result that the report filed before the magistrate on which O.P.(Crl) No.4178 of 2012 :: 2 ::
cognizance of the offences taken and proceeded with trial will not serve any purpose.
2. When a query was put to the counsel for the petitioner why the petitioner/ de facto complainant could not move the magistrate if she has sustainable grounds to impeach the investigation conducted or any objection over the report filed after such investigation it is submitted by the learned counsel that at present a warrant issued by the Court against the petitioner for her non-appearance as a witness in the case, after issue of summons, is pending execution. Taking note of the submissions made, more particularly, that petitioner is the de facto complainant and the crime has been registered on her complaint of matrimonial cruelty, the following direction is issued.
In case petitioner appears before the learned magistrate within a period of two O.P.(Crl) No.4178 of 2012 :: 3 ::
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.
3. All contentions raised by the petitioner in the present petition are left open, which she is free to canvass before the magistrate, if so advised.
Original petition is disposed of as above.
Sd/-
(S.S.SATHEESACHANDRAN) JUDGE sk/-
//true copy// P.S. to Judge.