IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 4804 of 2010(Q) ------------------------- MC.91/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT,BADAGARA .................... PETITIONER(S): ------------------------ K.T. ANILKUMAR, S/O.KANARAN, KOODATHAZHA HOUSE, IRINGAL P.O., KOTTAKKAL, KOYILANDI TALUK, PAYYOLI. BY ADVS.SMT.BINDU SREEKUMAR, SMT.V.AKHILA. RESPONDENT(S): --------------------------- SHEEJA, D/O. KRISHNAN, AGED 31, KADUGONTAVIDE HOUSE, PUTHUPPANNAM DESOM, VATAKARA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.4804 OF 2010 ------------------------------------------ Dated 15th February 2010 JUDGMENT Petitioner is the respondent in M.C.91/2008 on the file of Judicial First Class Magistrate, Badagara. Petition is filed for a direction to the Magistrate to dispose the case within a specified time contending that evidence was originally closed on 15/6/2009 and when petitioner was aware of the fact that he along with the family members were acquitted in a case registered under Section 498 A of Indian Penal Code by Judicial First Class Magistrate, Payyoli, he filed a petition to re-open the case and though it was adjourned on ten occasions, the case is not being taken up. Wpc 4804/10 2 2. Learned counsel appearing for the petitioner was heard. 3. Sub Section 5 of Section 12 of Protection of Women from Domestic Violence Act specifically provides that Magistrate shall endeavour to dispose of every application filed under Sub Section 1 of Section 12 within a period of sixty days from the date of its first hearing. Grievance of the petitioner is that even after closing the evidence on 15/6/2009 as the petitioner filed C.M.P.3282/2009 to re- open the evidence, the case is not being disposed. 4. Learned counsel appearing for the petitioner submitted that learned Magistrate is insisting for the presence of the petitioner. The Act does not provide for Wpc 4804/10 3 personal appearance of the respondent or the petitioner on all posting days. In such circumstances, learned Magistrate is directed not to insist for the personal presence of the petitioner on all posting days. Petition is allowed. Judicial First Class Magistrate, Vadakara is directed to dispose M.C.91/2008, as expeditiously as possible, at any rate, within sixty days from the date of receipt of a copy of this judgment. M.SASIDHARAN NAMBIAR, JUDGE. uj.