IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 Crl.MC.No. 2547 of 2010() ------------------------- AGAINST THE ORDER IN CMP 2690/2010 IN MC.86/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER(S): RESPONDENT NO.4 ------------------------------ T.K.P.BEEFATHIMA, AGED 36 YEARS, W/O.RAUF, FATHIMA MANZIL, VALIYAPARAMBA,POST PADANNA, KADAPPURAM, CHERUVATHUR, HORSEDURGE TALUK BY ADV. SRI.C.KHALID SRI.T.P.SAJID RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. P.A.MUMTAS, AGED 28 YEARS, D/O.ABDULRAHMAN, CHENGALA VILLAGE, KUNNUKARA, ALUVA, ERNAKULAM. 2. T.K.P.NIYAS MUHAMMED, AGED 37 YEARS, S/O.LATE MUHAMMEDKUNHI HAJI, VALIYAPARAMBA, PADANNA, KADAPPURAM,. 3. T.K.P.MUHAMMED RAFEEK, AGED 28 YEARS, S/O.MUHAMMED KUNHI HAJI -DO- -DO- 4. T.K.P.MUHAMMED NIZAR, AGED 26 YEARS, -DO- -DO- 5. STATE OF KERALA, REPRESETNED BY GOVERNMENT PLEADER, HIGH COURT OF KERALA,. PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.2547 of 2010 -------------------------------------- Dated this the 14th day of July, 2010 ORDER Petitioner, who is the 4th respondent in M.C No.86/2010 on the file of the J.F.C.M Court-I, Hosdurg, seeks to quash Annexure-II interim order dated 15.5.2010 passed by the learned Magistrate under Section 23 (2) of the Protection of Women from Domestic Violence Act 2005. 2. Admittedly, the petitioner has not filed any appeal against Annexure-II order. The said order is applicable under Section 29 of the Act. Accordingly, the remedy of the petitioner is to file an appeal before the Sessions Court, Kasaragod. In case the petitioner files an appeal before the Sessions Court, Kasaragod within two weeks from today, the same shall be entertained without harping on the question of limitation and appropriate orders shall be passed after giving both sides an opportunity of being heard. This Criminal M.C is disposed of as above. V.RAMKUMAR, JUDGE dmb