IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 OP(Crl.).No. 3445 of 2011(Q) ------------------------------------- CMP.5313/2008 of J.M.F.C.-II,NEYYATTINKARA .................... PETITIONER:- ---------------------- BHASKARAN NADAR, NARAYANA NILAYAM, MULLOOR DESOM, VIZHINJAM, THIRUVANANTHAPURAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS : - --------------------------- 1. SUNILKUMAR, ANCHU NIVAS, KANNARAVILA, VENPAKAL, THIRUVANANTHAPURAM-695 123. 2. VIJAYALEKSHMI, ANCHU NIVAS, KANNARAVILA, VENPAKAL, THIRUVANANTHAPURAM-695 123. 3. THE SUB DIVISIONAL MAGISTRATE (RDO), REVENUE DIVISIONAL OFFICE, THIRUVANANTHAPURAM-695 001. 4. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(Crl.).No. 3445 of 2011(Q) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF THE COMPLAINT, C.M.P. NO. 5313/08 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT -II, NEYYATTINKARA, DATED NIL. EXT P2 : COPY OF THE WITNESS SCHEDULE DATED 28.05.2008. EXT P3 : COPY OF THE CERTIFICATE OF MARRIAGE OF THE 1st ACCUSED DATED 02.02.1993. EXT P4 : COPY OF THE FIR DATED 26.01.1997. EXT P5 : COPY OF THE POSTMORTEM CERTIFICATE DATED 26.01.1997. EXT P6 : COPY OF THE DEATH CERTIFICATE DATED 22.06.2010. EXT P7 : COPY OF THE DEPOSITION CW1 DATED 02.08.2008. EXT P8 : COPY OF THE DEPOSITION CW2 DATED 02.08.2008. EXT P9 : COPY OF THE DEPOSITION CW3 DATED 02.08.2008. EXT P10 : COPY OF THE ADDITIONAL WITNESS SCHEDULE ON 03.01.2010. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE DMR/- N.K.BALAKRISHNAN, J. -------------------------------- O.P.(Crl.) No.3445 of 2011 ------------------------------------- Dated this the 21st day of December 2011 J U D G M E N T Learned Public Prosecutor submits that the entire file in Crime No.15/1997 of Vizhinjam Police Station has been traced out from the office of the Sub Divisional Magistrate, Thiruvananthapuram and it has already been submitted to the court of J.F.C.M.-II, Neyyattinkara. Learned counsel for the petitioner submits that the petition filed by the petitioner as C.M.P.No.5313/2008 before J.F.C.M.-II, Neyyattinkara is still pending before that court. No order has been passed in that case. 2. Now as the file in Crime No.15/1997 has already been sent to J.F.C.M.-II, Neyyattinkara, the petitioner can raise all his contentions before that court. The complaint was pertaining to the death of petitioner's daughter which took place on 26.1.1997. Learned Magistrate will take a O.P.(Crl.) No.3445 of 2011 -: 2 :- decision on that application (Ext.P1 complaint) as expeditiously as possible taking note of the fact that the petition has been pending for more than 3 years. This original petition is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt