IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 Crl.Rev.Pet.No. 2344 of 2011() ------------------------------ MC.20/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD .................... PETITIONERS/RESPONDENTS ----------------------- 1. FAIZAL BABU P.A., 'SUBHAGRAHA' STREET NO.4, VENNAKKARA, NURANI P.O., PALAKKAD. 2. P.U.ABDUL RAHIMAN, SUBHAGRIHA, STREET NO.4, VENNAKKARA, NURANI P.O., PALAKKAD. 3. HALEEMA, SUBHAGRIHA, STREET NO.4, VENNAKKARA, NURANI P.O., PALAKKAD. 4. WAHEEDA P.A., QRS NO.A-12 ESI QUARTERS, JAINUMEDU, PALAKKAD BY ADV. SMT.M.P.SUNITHA BEEGUM RESPONDENTS/PETITIONERS -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA. 2. SHAKEELA C.A., HOUSE NO.98, CHANDRANAGAR COLONY, CHANDRANAGAR (P.O), PALAKKAD. PIN: 678007. 3. ARSHAQ @ ACHU, AGED 5 YEARS, REPRESENTED BY THE 2ND RESPONDENT. R1 BY PUBLIC PROSECUTOR SMT.REKHA C.NAIR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ Crl.Rev.Pet.No. 2344 of 2011() APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-1 CERTIFIED COPY OF THE ORDER PASSED BY JFMC I, PALAKKAD ON DISMISSING M.C.NO.20/2009 DATED ANNEXURE-II TRUE COPY OF THE JUDGEMENT DATED 03.08.2010 PASSED BY THE HON'BLE HIGH COURT IN CRIMINAL REVISION PETITION NO.2117/10 ANNEXURE-III CERTIFIED COPY OF THE DIARY EXTRACT DATED 12.08.2011 RESPONDENT'S ANNEXURES: NIL //TRUE COPY// P.A.TO JUDGE JJJ S.S.SATHEESACHANDRAN, J. ----------------------------------------- Crl.R.P. NO. 2344 OF 2011 ---------------------------------------- Dated this the 30th day of September, 2011. O R D E R Producing copy of an extract from the order sheet of the court below, in MC 20/2009 on the file of Judicial First Class Magistrate Court-1, Palakkad, the petitioner has filed this revision questioning the propriety, legality and correctness of the order passed by the learned Magistrate directing him to comply with the orders passed previously for deposit of the interim maintenance awarded to the claimants, admittedly his divorced wife and child. Looking upon the copy of the extract produced, and also hearing the submissions made by the counsel appearing for the petitioner, it is evident that the observation made by this Court in a previous revision are sought to be taken advantage by the petitioner to subvert and overcome the orders passed by the Magistrate to deposit the interim maintenance already awarded in favour of the claimants. It is surprising how the Registry has entertained this revision on the basis of the extract and numbered it for presentation before the court. Normally any challenge by way of revision can be entertained only on production of the certified copy of the order as envisaged under the Criminal Rules of Practice. Petitioner, Crl.R.P. NO. 2344 OF 2011 2 it appears, has made some deposits towards the interim maintenance directly before the treasury, and that too in an account, which is inapplicable to the case. Annexure-II order passed by this Court in a previous revision would indicate that the claimants have to seek for withdrawal of the amount already deposited by the present petitioner and without doing so, they cannot insist for deposit of further sum due as interim maintenance. The extract of the order passed by the Magistrate clearly demonstrate that they had moved an application and that since no amount was deposited in the account relating to the court, and as the petitioner herein had deposited the amount in a wrong account, their application was dismissed. Direction made by this Court in the previous Crl.R.P as to withdrawal of the amount in deposit had been complied with, and they are well entitled to press not only for release of the amount already due as and when the revision stood disposed, but also whatever amount claimable by them towards interim maintenance as ordered by the court. There is no merit in the revision, and it is dismissed. S.S.SATHEESACHANDRAN, JUDGE mns