IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 OP(Crl.).No. 886 of 2011(Q) ------------------------------------- CRMP.7014/2010 of D.C. & SESSIONS COURT, ERNAKULAM .................... PETITIONER: -------------------- SEBY.C.T, AGED 35, S/O.LATE THOMAS, RESIDING AT HOUSE NO.39/896, CHEMBISSERY HOUSE, CHITTOOR ROAD, KOCHI-682 016. BY ADV. SRI.C.D.JOHNY SMT.MEREENA JOSEPH RESPONDENT(S): -------------------------- 1. SMT.KOCHURANI, AGED 42, D/O.LATE SRI.THOMAS, HOUSE NO.39/896, CHEMBISSERY HOUSE, CHITTOOR ROAD, KOCHI-682 016. 2. JOEL (MINOR), AGED 15 YEARS, REPRESENTED BY HIS MOTHER KOCHURANI, HOUSE NO.39/896, CHEMBISSERY HOUSE, CHITTOOR ROAD, KOCHI-682 016. THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 07/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(Crl.) No.886 of 2011 ==================================== Dated this the 07th day of March, 2011 J U D G M E N T Respondent No.1 filed a petition against petitioner under the provisions of the Protection of Women from Domestic Violence Act and obtained Ext.P2, interim order allowing residence in the apartment occupied by petitioner and family. That was followed by a petition to prosecute the petitioner. In the meantime learned Chief Judicial Magistrate passed final order on Crl.M.P. No.7014 of 2010. Petitioner challenged that order in appeal before the learned Sessions Judge (Crl. Appeal No.61 of 2011) and filed application for stay of operation of the final order. But learned Sessions Judge has ordered notice on that application. In the meantime police is harassing petitioner under the cover of Ext.P6, order. Hence this petition requesting to direct learned Sessions Judge to consider and dispose of Ext.P7, appeal as expeditiously as possible and at any rate within a time limit to be fixed by this Court. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. It is not clear whether notice on the appeal and O.P(CRL.) No.886 OF 2011 -: 2 :- application for stay have been served on respondents. If petitioner is aggrieved by learned Sessions Judge issuing notice on the application for stay, it is open to the petitioner to file application to advance hearing of that application and request learned Sessions Judge to pass appropriate orders on the said application. If any such application is filed learned Sessions Judge shall consider the same and pass appropriate orders on the application having regard to the grievance of petitioner. Original Petition is disposed of as above. THOMAS P. JOSEPH, JUDGE. vsv