IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 OP.No. 18640 of 2002(R) ------------------------------------ PETITIONER(S): ------------------------ 1. DILEEP KUMAR, URULODU, KULIRMA, KARIKAMANKODE, KADAYAL P.O., NEYYATTINKARA TALUK. 2. RADHAKUMARI, W/O.DILEEP KUMAR, -DO-. BY ADV. MR.T.RAVIKUMAR RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REP.BY THE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE S.I. OF POLICE, VELLARADA POLICE STATION, TRIVANDRUM. 3. MR.WILSON, S/O.LASER, CHAIRMAN, MARY MATHA EDUCATION SOCIETY, AVIKUZHI VEETTIL, OLATHANI,NEYYATTINKARA TALUK. R1 & R2 BY GOVERNMENT PLEADER MR. SANDESH RAJA R3 BY ADV. MR.G.S.REGHUNATH THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON CMP.NOS.59348/2002 & 31740/2002 IN OP.NO.18640/2002 DISMISSED 25/01/2010 SD/- S.SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALE DEED DTD. 27/05/2002. P2: COPY OF THE PETITION DTD. 18/06/2002. P3: CERTIFIED COPY OF THE FIR IN CRIME NO.232/2002 OF THE VELLARADA POLICE STATON. P4: COPY OF THE PETITION DTD. 9/05/2002. P5: COPY OF THE ORDER DTD. 16/05/2002 IN CRL.M.C.NO.1137/2002. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P. No. 18640 OF 2002 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of January, 2010 J U D G M E N T This original petition is filed by the petitioner challenging Ext.P3 complaint filed by the 3rd respondent against the petitioner before the Judicial I class Magistrate Court III, Neyyattinkara. When the matter was taken up for hearing, today, the counsel for the petitioner was not present. In this Original Petition in CMP 31740/2002, an interim stay was granted on 8.7.2002, at the time of admission, for a period of two months staying all further proceedings pursuant to Ext.P3. That was extended for two months from 5.9.2002. After the expiry of the period of stay granted, the petitioner did not move for extension of the stay. Thereafter he filed CMP No. 59348/2002 for revival and extension of stay. This court passed an order dated 26.11.2002 reviving and extending the interim stay by two months. The stay was again extended by two months on 4.2.2003. On 19.3.2003 the interim stay was again extended by three months. On 22.6.2003 the stay was again extended by two months. Thereafter the stay was not extended. The petitioner has not moved for extension of stay also. As such Ext. P3 must have been proceeded with by the Magistrate. In any event, there is no representation on behalf of the petitioner. As the petitioner is also absent, the Original Petition is dismissed. (S. SIRI JAGAN, JUDGE) jma //true copy// P.A. To Judge S. SIRI JAGAN, J. O.P. No. 18640 OF 2002 JUDGMENT 25.01.2010