Allowed

Violet John v. Daniel

Kerala HC25 Oct 2019OP(Crl.)/455/2019

Case brief

AI extract

What is this about?

The High Court, exercising supervisory powers under Article 227 of the Constitution, directed the transfer of a private criminal complaint filed by a 95-year-old senior citizen from a Judicial Magistrate's court (3rd floor, no lift) to the Chief Judicial Magistrate's court (ground floor) to facilitate her filing of the sworn statement.

What did the court decide?

Directive to allot the pending private criminal complaint (Crl.M.P. No.4554/2019) from the Judicial First Class Magistrate's Court-I, Pathanamthitta, to the Court of the Chief Judicial Magistrate, Pat

Violet John Vs Daniel — Service and Employment | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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FRIDAY, THE 25TH DAY OF OCTOBER 2019 / 3RD KARTHIKA, 1941

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OP(CRL.).NO.455 OF 2019

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CRL.M.P.NO.4554/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PATHANAMTHITTA

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PETITIONER/COMPLAINANT:

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VIOLET JOHN, AGED 95, W/O LATE JOHN, EBENEZER COTTAGE, KUZHIKKALA.P.O, MALLAPPUZHASSERRY VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DIST.PIN-689644.

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BY ADV. SRI.BABU PAUL

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RESPONDENTS/ACCUSED 1 TO 6:

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1 DANIEL,

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S/O LATE ERIC G SINGH, 33 FOOTA ROAD, JAMALPUR, LUDHIYANA-640001.

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2 ASHISH, S/O LATE ERIC G SINGH, 2235, ISSA NAGARI, LUDHIYANA-640001.

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3 ALKA BHATTI, W/O JASPAL BHATTI AND D/O.LATE ERIC G SINGH, H.NO.36,SSS COLONY, ISSA NAGARI,LUDHIYANA-640001.

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4 ILLEEN,

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D/O PHILIP MASIH, RAMPUR, DORAH, LUDHIYANA-640001.

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5 ALIZA, D/O.LATE ERIC G SINGH, NANDANPUR, LUDHIYANA-640001.

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6 IREEN, D/O LATE ERIC G SINGH,TIKRI KHUND, NARELA, NEW DELHI-110001.

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THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 25.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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O.P.(Crl.) No. 455 of 2019

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Dated this the 25^th day of October, 2019

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J U D G M E N T

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The prayers in the above Original Petition (Criminal)

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filed under Article 227 of the Constitution of India are as follows:

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“

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A) Pass an order directing the Magistrate to appoint an advocate commissioner to record the sworn statement of the petitioner in respect of Ext P1 or in the alternative, forward the same to the Station House Officer concerned under Section 156(3) of Cr.P.C. B) Pass an order directing the Chief Judicial Magistrate, Pathanamthitta, to record the sworn statement of the petitioner and thereafter, the case may be continued with the jurisdictional Magistrate. C) Issue such other orders which this Hon'ble Court deem fit, and proper and in the facts and circumstances of the case. ”

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Heard Sri.Babu Paul, learned counsel appearing for the petitioner/complainant and learned Prosecutor appearing for the State. In the nature of the orders proposed to be passed in this petition, notices to the respondents will stand dispensed with.

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The petitioner herein is an elderly Senior Citizen lady aged more than 95 years and she is the complainant in Ext.P-1 private criminal complaint filed by her as Crl.M.P. No.4554/2019

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before the Judicial First Class Magistrate Court-I,

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O.P.(Crl.) No. 455 of 2019

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..3..

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Pathanamthitta. The main grievance of the petitioner is that, as she is aged more than 95 years and in view of her ailments she finds it extremely difficult to appear before the learned Magistrate to give her sworn statement, as the court room of the present Magistrate is situated on the 3^rd floor of the court complex, and there is no lift facility. Hence despite of her best efforts, she is not in a position to go over to the court for getting her sworn statement recorded.

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The main plea made by Sri. Babu Paul, learned counsel appearing for the petitioner/complainant is that, the court room of the Chief Judicial Magistrate is situated on the ground floor, and that the case may be ordered to be transferred from the Judicial First Class Magistrate Court-I, Pathanamthitta, to the Court of the Chief Judicial Magistrate, Pathanamthitta, so that the aged complainant will be able to come over to the Court so as to get her sworn statement recorded, and so as to effectuate further proceedings in her private criminal complaint.

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In the light of this limited plea by the petitioner, this Court had directed the Registry to get a report form the Chief Judicial Magistrate, Pathanamthitta, who has now furnished

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O.P.(Crl.) No. 455 of 2019

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..4..

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report dated 21.10.2019 to the Registry of this Court, wherein inter alia it has been stated that all the court halls of the Judicial First Class Magistrate's Court-I and II, Pathanamthitta, are situated on the 3^rd floor of the court complex, and further that, there is no inconvenience for entertaining the abovesaid complaint in the Court of the Chief Judicial Magistrate, Pathanamthitta, and that in case this Court so directs to entertain said complaint, the Chief Judicial Magistrate, Pathanamthitta, will entertain it and then proceed as per law.

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Taking note of the abovesaid aspects it is ordered in the interest of justice that, the Chief Judicial Magistrate, Pathanamthitta, may exercise all enabling powers vested with him including that conferred as per Sec.410(1) of the Cr.P.C. and will take necessary steps to ensure that Ext.P-1 private criminal complaint filed as per Crl.M.P.No.4554/2019 now pending on the file of the Judicial First Class Magistrate's Court-I, Pathanamthitta, is allotted to the Court of the Chief Judicial Magistrate, Pathanamthitta, and thereafter the learned Chief Judicial Magistrate will entertain the said complaint from the stage where it had stopped, and then proceed with the matter in

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O.P.(Crl.) No. 455 of 2019

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accordance with law. It is made clear that this Court has not entered into the merits of the controversy in any manner.

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The Registry will forward a copy of this judgment to the Chief Judicial Magistrate, Pathanamthitta, as well as to the Judicial First Class Magistrate's Court-I, Pathanamthitta, for necessary information.

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With these observations and directions the above Original Petition (Criminal) will stand disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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MMG

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O.P.(Crl.) No. 455 of 2019

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..6..

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER EXHIBIT P2 TRUE COPY OF THE APPLICATION FILED BEFORE THE CIVIL JUDGE LUDHIANA.

Violet John v. Daniel

Case brief

What is this about?

What did the court decide?

Violet John v. Daniel

Case brief

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What did the court decide?

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