The High Court of Kerala exercised its jurisdictional discretion to close criminal proceedings in a case involving a Section 133 order, deeming further adjudication unnecessary after a significant delay, while reserving parties' liberty to pursue grievances elsewhere.
The Criminal Miscellaneous Case was closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
CRL.MC NO. 317 OF 2013
AGAINST THE PROCEEDINGS IN CRP 68/2011 OF SESSIONS COURT,KOZHIKODE AND THE
ORDER OF THE TAHSILDAR, VADAKARA
PETITIONER/COMPLAINANT:
B.NARAYANI AMMA @ OMANA AMMA RESIDING AT PUTHENPURAYIL HOUSE, VYKILASSERY AMSOM DESOM, VADAKARA TALUK.
BY ADV. SRI.R.K.MURALEEDHARAN
RESPONDENTS/RESPONDENTS:
*** ADDITIONAL R3 TO R7 ARE IMPLEADED AS PER ORDER DATED 21.02.2023 IN CRL.M.A.8132/2014 BY ADVS. M.C. ASHI, PUBLIC PROSECUTOR N.M.MADHU**
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.06.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.317 OF 2013
2
ORDER
Dated this the 20th day of June, 2023
Although learned Counsel for the petitioner submitted that the question of law involved has to be decided, considering that the Section 133 order was passed way back in the year 2011, it is more appropriate to give a quietus to the proceedings.
The Criminal Miscellaneous Case is hence closed, reserving the liberty of the parties to agitate their grievances, if any subsisting, before the appropriate forum.
Sd/-
V.G.ARUN
JUDGE
NB/20-6
CRL.M.C.NO.317 OF 2013
3
APPENDIX OF CRL.M.C 317/2013
PETITIONER’S ANNEXURES:
| ANNEXURE A1 | TRUE COPY OF THE COMPLAINT IN OP NO.6850/08 DATED 01.07.2008 |
|---|---|
| ANNEXURE A2 | TRUE COPY OF THE ORDER OF THE EXECUTIVE MAGISTRATE DATED 30.04.2009 |
| ANNEXURE A3 | TRUE COPY OF THE REPLY RECEIVED BY THE PETITIONER DATED 12.11.2010 |
| ANNEXURE A4 | TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 19.01.2011 ALONG WITH RECEIPT |
| ANNEXURE A5 | TRUE COPY OF THE ORDER OF THE TAHSILDAR DATED 31.12.2011 |
| ANNEXURE A6 | CERTIFIED COPY OF THE ORDER DATED 29.09.2012 IN CRL.R.P.68/2011 ON THE FILE OF SESSIONS COURT, KOZHIKODE |
| RESPONDENTS’ ANNEXURE: | NIL |
TRUE COPY
P.A. TO JUDGE
B.NARAYANI AMMA
CHATHOTH AMMAD CHATHOTH PARAMBA
STATE OF KERALA
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
