OP(CRL.) NO. 148 OF 2025 1 2025:KER:25418 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 OP(CRL.) NO. 148 OF 2025 CC NO.1095 OF 2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS, VADAKKANCHERRY PETITIONERS/RESPONDENTS: 1 THANKACHAN ZAKARIAS AGED 63 YEARS S/O.ZAKARIAS KURIEN, PONNUMKUNNU ESTATE, THRISSUR POST, THRISSUR DIST., PIN - 680589 2 LOUIS K C, AGED 81 YEARS S/O KURUTHUKULAM CHAKKU, PULLANIKKAD, WADAKANCHERY, R.S POST, THRISSUR DISTRICT, PIN - 680623 3 THOMAS MATHEW AGED 62 YEARS S/O. K.M. MATHEW, KAVUNKAL HOUSE, NEAR TV RELAY STATION, KULAPPULLY, KALLIPADAM POST, SHORANUR, PIN - 679122 4 MOHAMMED ALI SAKKAFI AGED 58 YEARS S/O. MOHAMED K.A, KURUPPATHU VALAPPIL HOUSE, MULLURKARA POST , OP(CRL.) NO. 148 OF 2025 2 2025:KER:25418 THRISSUR DISTRICT, PIN - 680583 BY ADV P.BHASKARAN RESPONDENTS/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 APPU PANICKER AGED 83 YEARS S/O. GOVINDAN NAIR, THRIVENI, RAM NAGAR, POONKUNNAM, THRISSUR DISTRICT, PIN - 680002 OTHER PRESENT: SRI.M.P. PRASANTH, PP THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CRL.) NO. 148 OF 2025 3 2025:KER:25418 J U D G M E N T The petitioners are the accused in C.C.No.1095 of 2013 on the files of the Judicial First Class Magistrate Court, Wadakanchery. The said case was registered based on a private complaint. The offences alleged against the petitioners are punishable under Sections 120B, 363, 467, 408, 420 and 500 r/w 108 of IPC. The petitioners filed Crl.M.C.No.6174 of 2016 to quash the proceedings in C.C.No.1095/2013. This Court, as per Ext.P1 order, set aside the order taking cognizance based on complaint and directed the Magistrate to reconsider the complaint. The grievance of the petitioners is that even though Ext.P1 order was passed by this Court as early as on 17.07.2024, the learned Magistrate is not complying with the direction therein. It is in these circumstances, the petitioners have approached this Court to give a direction to the learned Magistrate to comply with Ext.P1 order in a time bound manner. 2. I have heard Sri.P.Bhaskaran, the learned counsel for OP(CRL.) NO. 148 OF 2025 4 2025:KER:25418 the petitioners and Sri.M.P.Prasanth, the learned Public Prosecutor. 3. I have called for a report from the learned Magistrate. The learned Magistrate reported that the complaint was posted for hearing on several occasions. Thereafter, the matter was referred to mediation. However, it was not settled. Having heard the learned counsel on both sides and perusing the report of the learned Magistrate, this Original Petition is disposed of with a direction to the learned Magistrate to comply with the order of this Court in Ext.P1 within a period of one month from the date of receipt of a copy of this judgment. Sd/- DR.KAUSER EDAPPAGATH, JUDGE AS OP(CRL.) NO. 148 OF 2025 5 2025:KER:25418 APPENDIX OF OP(CRL.) 148/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE FINAL ORDERS IN CRL.M.C. NO.6174 OF 2016 DATED 17-7-2024 EXHIBIT P2 THE TRUE COPY OF THE MEMORANDUM OF CRL.M.C NO. 6174/2016 RELEVANT PAGES ONLY WITHOUT EXHIBITS EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS RECORDED IN C.C NO.1095/2013 FROM 14-08-2024 TO 13-02-2025 DATED 19-02-2025