IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 Crl.MC.No. 153 of 2009() ------------------------ CRA.490/2008 of SESSIONS COURT, ALAPPUZHA MC.12/2008 of JDUL.MAGISTRATE OF FIRST CLASS, RAMANKARI .................... PETITIONERS/RESPONDENTS: --------------- 1. PRABHU KUMAR, S/O.RAGHAVAN, PRABHU SADANAM, KOMALAPURAM, AVALOOKUNNU.P.O., ALAPPUZHA 2. SATHIYAMMA, W/O.PRABHU KUMAR, KOCHUPUTHRASSERY HOUSE, AMBALAPUZHA. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENT/PETITIONER/COMPLAINANT: --------------- 1. PRAVITHA, D/O.PRABHU KUAMR, AGED 21 YEARS, PRABHU SADANAM, KOMALAPURAM, AVALOOKUNNU.P.O., ALAPPUZHA. NOW RESIDING DEVASWOMCHIRA, KUPPAPURAM, KAINAKARY, KUTTANADU. 2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.153 of 2009 ---------------------------------------- Dated this the 13th day of January 2009 O R D E R Petitioners face proceedings under Section 12 of the Protection of Women from Domestic Violence Act. Proceedings have been initiated by a daughter of the petitioners. They appeared before the learned Magistrate and raised a contention that the petition is not maintainable as against them. That objection was accepted and the petition was dismissed. 2. Against the dismissal of the petition, the respondent has preferred an appeal under Section 29 of the Protection of Women from Domestic Violence Act. The appeal is preferred before the learned Sessions Judge. The learned Sessions Judge has admitted the appeal and has issued notice to the petitioners. The petitioners have rushed to this court with the plea that the admission of the appeal is not justified at all. 3. The petitioners pray that the extraordinary inherent jurisdiction under Section 482 Cr.P.C may be invoked. I am definitely of the opinion that it is for the petitioners to appear before the learned Sessions Judge (appellate court) and advance the contention that the appeal is without merit and is liable to be Crl.M.C.No.153/09 2 dismissed in limini. The petitioners, needless to say, can appear through counsel and the counsel can advance the contention. I find merit in the submission of the learned counsel for the petitioner that the appeal deserves to be disposed of expeditiously and the petitioners do not deserve to endure the trauma of such proceedings endlessly. While dismissing this Crl.M.C, appropriate observations can of course be made. 4. In the result, a) This Crl.M.C is dismissed. b) But I proceed to observe that the petitioners shall be permitted to appear before the appellate court through counsel and the objections of the counsel to the maintainability of the appeal shall be heard and the arppeal shall be disposed of by the learned Sessions Judge as expeditiously as possible, at any rate, within a period of sixty days from the date on which a copy of the order is placed before the learned Sessions Judge. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Sessions Judge. (R.BASANT, JUDGE) jsr Crl.M.C.No.153/09 3 Crl.M.C.No.153/09 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008