High CourtsSingle Bench

Nandakumar. S vs State Of Kerala

High Court Of Kerala · Decided on 12 May 2023 · Citation: (2023) 05 KL CK 0084

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition No. 3774 Of 2023
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Judgment

8 paragraphs · 290 words

A. Badharudeen, J

1.

This is a petition filed under Section 482 of the Code of Criminal Procedure (hereinafter referred as ‘Cr.P.C’ for convenience) and the following prayers are sought for:

I. Direct the Family Court Pathanamthitta to adjourn the proceedings in M.C. No. 38 of 2022 for a period of one month to enable the petitioner to challenge the order in Crl.M.P. No.1 of 2023 dated 9.5.2023 before this Hon'ble Court.

II. Direct the Family Court Pathanamthitta to issue a certified copy of order dated 9.5.2023 in Crl.M.P. No.1 of 2023 in M.C. No 38 of expeditiously.

2.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3.

It is submitted by the learned counsel for the petitioner that, M.C.No. 38 of 2022, wherein the petitioner is the respondent is posted for ex-parte order on 16.05.2023. It is submitted further that, even though the petitioner filed Crl.M.P. No. 1 of 2023 in M.C. No. 38 of 2022 on 09.05.2023, the said petition was dismissed on the same day and the certified copy of the said order not so far issued.

4.

Since, the grievance of the petitioner is that, he did not get time to challenge the order in Crl.M.P. No. 1 of 2023 in M.C.No. 38 of 2022, there shall be a direction to the Family Court, Pathanamthitta to issue certified copy of the order in Crl.M.P. No. 1 of 2023, within a period of ten days from the date of receipt of a copy of this order. In order to ensure challenge against the order in Crl.M.P.No. 1 of 2023, pronouncement of order in M.C.No. 38 of 2022 stands deferred for a period of three weeks.

Accordingly, the Crl.M.C. stands disposed of as above.