IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 Crl.MC.No. 971 of 2011() ----------------------------------- PETITIONER(S): COMPLAINANT ---------------------------------------------- SOSAMMA POULOSE, AGED 60 YEARS, D/O.LATE JOHN, MAMPARAMBIL HOUSE, MAMMOOD P.O., CHANGANASSERY, KOTTAYAM DISTRICT. BY ADV. SRI.E.C.POULOSE SMT.BOBBY RAPHEAL.C RESPONDENT(S): STATE & ACCUSED -------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DISTRICT PROTECTION OFFICER, KOTTAYAM. 3. MATHEW JOHN, S/O.LATE JOHN, MAMPARAMBIL, MAMOOD P.O., CHANGANASSERY, KOTTAYAM DISTRICT. 4. JOYCE MATHEW, W/O.MATHEW JOHN, MAMPARAMBIL, MAMOOD P.O., CHANGANASSERY, KOTTAYAM DISTRICT. 5. CHACKO JOHN, S/O.LATE JOHN, MAMPARAMBIL, MAMOOD P.O., CHANGANASSERY, KOTTAYAM DISTRICT. 6. BABYKUTTY JACOB, RESIDING AT C/O.MATHEW JOHN, MAMPARAMBIL, MAMOOD P.O., CHANGANASSERY, KOTTAYAM DISTRICT. 7. JACOB MATHEW, MAMPARAMBIL, MAMOOD P.O., CHANGANASSERY, KOTTAYAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.971 of 2011 --------------------------------------- Dated this 25th day of March, 2011 ORDER Notice to respondent No.2 onwards is dispensed with in view of the order I propose to pass. Learned Public Prosecutor takes notice for the first respondent. 2. Petitioner claims to be a victim of alleged domestic violence though, she is now staying in the United States. Alleging that respondent Nos.3 to 5 are engaging in domestic violence, petitioner is said to have preferred Annexure-AI, complaint to the second respondent, the District Protection Officer, Kottayam. Grievance of petitioner is that in spite of the said complaint the second respondent has not taken any action and in the meantime respondent 3 to 5 are continuing acts of domestic violence. Petitioner seeks a direction to the second respondent to submit Domestic Incident Report before the learned Judicial First Class Magistrate, Changanassery. Learned counsel submitted that immediate action is necessary to prevent continuance of domestic violence. 3. Having heard learned counsel for petitioner and the learned Public Prosecutor, it is directed (without going into the Crl.M.C.No.971 of 2011 -: 2 :- merit of the claim of petitioner) that if Annexure-A1, complaint is received by the second respondent the said officer shall act on the said complaint in accordance with the provisions of the Protection of Women from Domestic Violence Act and the Rules. This criminal miscellaneous case is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-