IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 Crl.MC.No. 393 of 2011() ------------------------ MC.NO.81/10 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-iii, NEYYATTINKARA PETITIONER(S): RESPONDENT ------------------------- SATHEENDRAN, AGED 37, S/O.BHASKARA PANICKER,RESIDING AT NITHYA SADHANAM, POONKODE, VENGANOOR DESOM, PALLICHAL, NEYYATTINKARA,THRIRUVANANTHAPURAM. BY ADV. SRI.V.S.BABU GIREESAN RESPONDENT(S): AGGRIEVED PERSON/STATE ------------------------------------- 1. SREEJAYAKUMARI, AGED 53 YEARS, D/O.ANASUYA, RESIDING AT NITHYA SADHANAM, POOMCODE, VENGANOOR DESOM, PALLICHAL, NEYYATTINKARA,THRIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PUBLIC PROSECUTOR SRI.V.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ---------------------------------------------- Crl.M.C.No. 393 of 2011 ---------------------------------------------- Dated this the 8th day of February, 2011 O R D E R Petitioner is the respondent in M.C.No.81/2010 of the Judicial First Class Magistrate's Court-III, Neyyattinkara, a petition filed under Section 12 of the Protection of Women from Domestic Violence Act (for short, 'the Act'). Petitioner seeks to quash Annexures 4(a) and 4(b) proceedings. Contention of the petitioner is that without obtaining a report from the protection officer and service provider, learned Magistrate could not have proceeded with the application preferred by the respondent. Learned counsel has invited my attention to Section 12 of the Act and Rule 6 of the Rules as also Form No.2 which requires the same to be countersigned by the protection officer. Since it is open to the petitioner to raise all these contentions before the learned Magistrate and object to the maintainability of the petition, there is no reason why this Court should interfere with a petition filed under Section 482 of the Code of Criminal Procedure. Hence, leaving all contentions open to the petitioner to be raised before the learned Magistrate, this petition is closed. THOMAS P.JOSEPH, JUDGE vgs