The Kerala High Court dismissed a petition seeking an emergent copy of an order from a Family Court case. The court observed that the petitioner had already obtained the copy, rendering the prayer unnecessary, and closed the petition without prejudice.
The original petition was closed without granting the prayer as the petitioner had obtained the order copy.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 21ST DAY OF JULY 2023 / 30TH ASHADHA, 1945
O.P.(CRL.) NO.406 OF 2023
M.C. NO.258/2018 PENDING BEFORE THE FAMILY COURT, KANNUR.
PETITIONER/RESPONDENT:
JITHESH K,,
AGED 36 YEARS, S/O. RAJAN, RESIDING AT RAJ NIVAS, PULIYAN PANDANKOTT,AVIDANALLUR P.O., KOZHIKODE DISTRICT, PIN-673 614.
BY ADV K.REEHA KHADER
RESPONDENTS/PETITIONERS:
1 THEERTHA SURESH,
AGED 27 YEARS, D/O. SURESH KUMAR, RESIDING AT GOKULAM, NANIVOOR NAMBRAM P.O., MULLAKKODI, MAYYIL,KANNUR DISTRICT, PIN-678 601.
2 DHRUV JITH,
AGED 6 YEARS, S/O. JITHESH, RESIDING AT GOKULAM, NANIVOOR NAMBRAM P.O., MULLAKKODI, MAYYIL, KANNUR DISTRICT ,PIN-678 601 (RESPONDENT NO. 2 REPRESENTED BY HIS MOTHER, THEERTHA SURESH, AGED 27 YEARS, D/O SURESH KUMAR, RESIDING AT GOKULAM, NANIVOOR NAMBRAM P.O., MULLAKKODI, MAYYIL, KANNUR DISTRICT, PIN-678 601.
BY ADVS.P.M.SATHEESH
K.P.SREEKUMAR(K/237/1973)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 21.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O.P.(CRL.) NO.406 OF 2023
JUDGMENT
Dated this the 21st day of July, 2023
The report received from the Family Court shows that the petitioner had filed application for obtaining emergent copy of the order on 25.05.2023. The stamps were called for on 01.06.2023, but were produced only on 05.06.2023. The copy was ready on 07.06.2023, but the same was collected by the party only on 13.06.2023.
Hence, the original petition is closed, without prejudice to the petitioner's right to move afresh.
Sd/- V.G. ARUN JUDGE
bpr
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O.P.(CRL.) NO.406 OF 2023
APPENDIX OF OP(CRL.) 406/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE PETITION FILED BY THE PETITIONER AS CMP NO.4/2023 IN M.C. NO.258/2018.
2 issues framed by the court
Whether the petitioner's prayer for an emergent copy of the order could be granted after the copy was already obtained.
Whether the criminal original petition should be closed since the petitioner has obtained the copy of the order.
JITHESH K
THEERTHA SURESH
DHRUV JITH (CHILD)
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
