SHOBHANAKUMARI Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer in the above Criminal Miscellaneous Case filed under Sec.482 of the Cr.P.C. is as follows:

(2.) Heard Sri.Abu Mathew, learned counsel appearing for the petitioner/complainant and Sri.Saigi Jacob Palatty, learned Public Prosecutor appearing for R-1 (State). Registry has reported that registered speed post notice duly sent to contesting respondent No.2 on 21.10.2020 with hearing date 28.10.2020 has been duly delivered to said party on 26.10.2020. Though notice has been duly served on R-2 (accused), there is no appearance for that party.

(3.) On account of the stay order granted by this Court, further proceedings in the trial in C.C.No.2430/2015 on the file of the JFCM-II, Nedumangad, Thiruvananthapuram district, has been stayed and hence any further delay in the disposal of this case is unwarranted. The petitioner is the complainant and the 2 nd respondent is the sole accused in the impugned C.C.No.2430/2015 on the file of the JFCM-II, Nedumangad, alleging that accused has committed the offence punishable under Secs.500 & 501 of the IPC. The order under challenge in this petition filed under Sec.482 is the one at the impugned Anx.A6 common order dated 7.10.2020 rendered by the said trial court on CMP Nos.2502/2020 and 2503/2020 in the said calendar case. The case set up in the impugned Anx.A1 private criminal complaint is that, the petitioner/complainant was a music teacher in the Town Lower Primary School, Nedumangad, Thiruvananthapuram district, and has now retired from service, and that the accused is her neighbour during the relevant period in the year 1984, and the accused has submitted false complaint before the AEO, Nedumangad, and has made defamatory statements against the complainant that she is highly immoral from her college days and that she is teaching in private music school during her duty time, etc. Further, the accused has alleged that the complainant is behind the suicide of one Smt.Thankamani, a common neighbour of the parties. Further the complainant would urge that, apart from filing a false complaint against her, the accused has created defamatory posters containing statements that the complainant is responsible for the suicide of the aforesaid Smt.Thankamani, and that those posters were fixed in and around the house of the complainant and thereby the accused has defamed the complainant, it is alleged. Further that, the accused used to abuse the complainant public for which the Nedumangad Police has registered a case against the accused and the same is pending before the JFCM-II, Nedumangad, as C.C.No.863/2013.