IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 Crl.MC.No. 2028 of 2010() ------------------------------------------ M.C.NO.79/2009 ON THE FILE OF CJM COURT, KALPETTA PETITIONER(S): RESPONDENT -------------------------------------------------- SUBRAMANYAN,S/O.ANANTHAN, PEON, PWD BUILDING SECTION OFFICE, KALPETTA(NORTH), WAYANADU. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S): COMPLAINANT ---------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. LEELA,W/O.SUBRAMANYAN,MUNDERI HOUSING COLONY,MUNDERI,KALPETA. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2028 of 2010 = = = = = = = = = = = = = = Dated this the 10 th day of June, 2010 ORDER Petitioner, who is the counter petitioner in M.C.No.79/2009 on the file of the Chief Judicial Magistrate, Kalpetta at Wayanad, challenges Annexure A5 order dated 6/5/2010 as per which the Magistrate refused to refer the dispute between the petitioner and his wife to the Lok Adalath for exploring the possibility of a settlement. M.C.No.79/2009 is a petition filed by the wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005. Apart from the fact that there were two earlier references by the same Magistrate in the same case to the Lok Adalath for settlement and nothing happened, the petitioner has admittedly filed an appeal (Annexure A6) against Annexure A5 order as Crl.Appeal No.88/2010 before the Sessions Court, Kalpetta and the said appeal is still pending. Obviously the petitioner has not obtained any order of stay in the said appeal. The petitioner, therefore, cannot assail the very same Annexure A5 order without prosecuting Annexure A6 appeal before the Crl. M.C. No. 2028 of 2010 2 Sessions Court, Kalpetta. The learned Sessions Judge shall dispose of Criminal Appeal No.88/2010 expeditiously, after giving both sides an opportunity of being heard. According to the petitioner, it is on account of the statement given by his wife to the C.I. of Police on 26.4.2010 which has induced him to seek a 3rd reference to the Lok Adalath. This aspect may also be considered by the learned Sessions Judge while disposing of the above appeal. Dated this the 10th day of June, 2010. V. RAMKUMAR, JUDGE sj