IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 34072 of 2009(Q) -------------------------- CC.621/2005 of J.M.F.C.-III,THRISSUR .................... PETITIONER(S): ------------------------ SHERLY P.P., D/O.PORINCHU, POOVATHINKAL HOUSE, ANCHERY P.O., KECHERY, THRISSUR, REPRESENTED BY HER POWER OF ATTORNEY HOLDER, PORINCHU, S/O.OUSEPH, POOVATHINKAL HOUSE, ANCHERY P.O., KECHERY, THRISSUR. BY ADVS MR.P.SANTHOSH (PODUVAL), SMT.R.RAJITHA. RESPONDENT(S): ---------------------------- 1. JAISON K.K., S/O.KOCHAPPAN, KAPPANI HOUSE, PUTHUR P.O., THRISSUR. 2. RAJESH KUMAR, S/O.GOPALAN NAIR, ELAYINADATH HOUSE, MALAYALAPUZHA DESOM, PATHANAMTHITTA. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING S.I OF POLICE, OLLUR POLICE STATION. R3 BY GOVERNMENT PLEADER MR. S.U.NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2009 ALONG WITH WPC.NO.34132 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------------------ W.P.C.NOs.34072 & 34132 OF 2009 ----------------------------------------------------- Dated 30th November 2009 JUDGMENT Petitioner is the de facto complainant in C.C.621/2005 on the file of Judicial First Class Magistrate-III, Thrissur taken cognizance for the offences under Sections 406, 420 and 426 read with Section 34 of Indian Penal Code. She is also the de facto complainant in C.C.451/2006 on the file of same court taken cognizance for the offence under Section 498 A of Indian Penal Code. First respondent is the husband and second respondent in W.P.C.34072/2009 is the second accused in C.C.621/2005. These petitions are filed under Article 226 of Constitution of India for a direction to the Magistrate to differ examination of petitioner in both the cases to August 2010 contending that as petitioner is now in England and she was permitted to take her minor children along with her by this court pursuant to a joint statement filed by the petitioner and first respondent, it may not be possible for the petitioner Wpc 34072 & 34132/09 2 to appear before the court for her examination before August 2010 and therefore, a direction is to be issued. 2. Learned counsel appearing for the petitioner and learned Government Pleader were heard. 3. Learned counsel appearing for the petitioner submitted that as petitioner is now in United Kingdom, it may not be possible for her to appear before August 2010 and if evidence in the case is to be closed earlier it would prejudice the petitioner and interest of justice warrants that the case are to be adjourned till August 2010. Learned counsel also submitted that as and when petitioner returns, there is also a likelihood of settlement in between parties and in such circumstances, necessary direction be issued. 4. It is upto the petitioner or the Assistant Public prosecutor to approach the Judicial First Class Magistrate-III, Thrissur to adjourn the cases or to postpone examination of the petitioner, to a day in August 2010. If such an application is filed, Magistrate is to consider and pass appropriate order in accordance with law. Granting Wpc 34072 & 34132/09 3 liberty to the petitioner or the Assistant Public Prosecutor to move the Magistrate, petitions are disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.