IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 Crl.Rev.Pet.No. 1185 of 2010() ------------------------------ CMP.7843/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, NEYYATTINKARA .................... REVN. PETITIONER(S): --------------------- ANU T.S/O.THULASI, ORMA NIVAS, ANAVOOR, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY SMT.K.R.RIJA RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. GOPIKA DEVI, PULIYOORKONATHU VEEDU, ANAVOOR P.O., ANAVOOR, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.1185 of 2010 = = = = = = = = = = = = = = Dated this the 6 th day of April, 2010 ORDER The petitioner is cited as a witness by the 2nd respondent/applicant in CMP No.7843/2008 before J.F.C.M-III, Neyyattinkara which is a proceeding under Section 12 of the Protection of Women from Domestic Violence Act, 2005. 2. According to the petitioner, she is a tuition teacher leading a respectful life and she is sought to be examined as a witness by the 2nd respondent/ Gopika Devi to prove that the revision petitioner was having illicit relationship with the husband of the 2nd respondent. According to the revision petitioner, while figuring as a witness in the above proceeding, she will be subjected to unnecessary ridicule vitally affecting her reputation. 3. The remedy of the petitioner is to raise her objections, if any, before the Magistrate before whom the proceedings are pending. She is permitted to raise her objections, if any, including one under section 132 of the Evidence Act in absentia through a counsel of her choice. In case the petitioner's Crl.R.P. No. 1185 of 2010 2 objection is upheld by the Magistrate, she will be exempted from examination before the Court. Otherwise, she will have to give evidence as a witness. Warrants, if any, pending against the petitioner shall not be executed for a period of ten days from today, within which time she shall move the Magistrate and raise her objections, if any. Dated this the 6th day of April, 2010. V. RAMKUMAR, JUDGE sj