IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 Crl.MC.No. 104 of 2010() ------------------------ CC.622/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... PETITIONER(S): ACCUSED: ----------------------------------------- 1. SUJITHKUMAR C.P., AGED 30 YEARS, S/O.C.BALAKRISHNAN NAIR, R/AT.VYSAKH, DURGA HSS ROAD, KANHANGAD, KASARAGOD. 2. C.BALAKRISHNAN NAIR, R/AT.VYSAKH, DURGA HSS ROAD, KANHANGAD, KASARAGOD. 3. SUCHITRA C.P., D/O.C.BALAKRISHNAN NAIR AND W/O.VISHWAMBARAN NAIR, R/AT.GEETHAM, NEAR CHAITHANYA AUDITORIUM, KANHANGAD, KASARAGOD. BY ADV. MR.KODOTH SREEDHARAN RESPONDENT(S): STATE AND COMPLAINANT: --------------------------------------------------------------------- 1. STATE OF KERALA, THROUGH STATION HOUSE OFFICER, THALIPARAMBU POLICE STATION, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MAYA M.K., D/O.K.MADHAVAN, R/AT.MAYA NIVAS, PARIYARAM P.O., THALIPARAMBA TALUK, KANNUR DISTRICT. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 104 OF 2010 =========================== Dated this the 22nd day of January,2010 ORDER Petitioners are the accused and second respondent the de facto complainant in C.C.622/2007 on the file of Judicial First Class Magistrate's Court, Thaliparamba taken cognizance for the offence under section 498A read with section 34 of Indian Penal Code on annexure VII final report. This petition is filed under section 482 of the Code of Criminal Procedure to quash the cognizance taken contending that there is no material to prove the ingredients of the offence. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. On hearing the learned counsel and going through Annexure VII final report, I Crl.M.C.104/2010 2 cannot agree with the submission that this court has to exercise the extra ordinary powers under section 482 of the Code of Criminal Procedure to quash the cognizance taken. Learned counsel then submitted that as the case is pending from 2007 onwards and the marital relationship has already been terminated by divorce, a direction be issued to the learned Magistrate to dispose the case expeditiously. Petition is disposed directing Judicial First Class Magistrate, Thaliparamba to dispose C.C.622/2007 as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this order. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006