IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Crl.MC.No. 1265 of 2008() ------------------------- MC.104/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONER: ------------ MOIDUNNI HAJI, S/O. KOYA, AGED 85 YEARS, KAKKADI HOUSE, VYRANKODE P.O., ANANTHAVOOR, MALAPPURAM DISTRICT BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31 2. THIRUTHIYIL MARIYAKUTTY, W/O. YAHUTTY, KAKKADI HOUSE, VYARANKODE, ANANTHAVOOR, MALAPPURAM DISTRICT BY PUBLIC PROSECUTOR SRI.M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-03-2008 , THE COURT ON 24/03/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. M.C. No. 1265 of 2008 * * * * * * * * * * * * * * * * * * Dated: 24-03-2008 ORDER Petitioner who is stated to be an 85 year old man is the sole respondent in Annexure A petition filed as C.M.P. No. 4859 of 2007 before the J.F.C.M., Tirur and numbered as M.C. No. 104 of 2007 for offences punishable under Sections 12, 18 and 19 of the Protection of Women from Domestic Violence Act, 2005. He seeks to quash the said proceedings on the allegation that since the alleged “shared house-hold” exclusively belongs to the petitioner who is the father-in- law of the applicant proceedings against the petitioner alone will not lie before the Magistrate in the light of the decision by the Apex court in S.R. Bathra's case – 2007 SCC Crl. 56. 2. That is a matter which the petitioner has to raise before the Magistrate instead of rushing to the High Court with a petition under Sec. 482 Cr.P.C. The petitioner claims to have filed detailed objections to Annexure A petition. The learned Magistrate shall before passing an ad - interim or interim or final order in the said M.C. shall consider the objections filed by the petitioner and shall Crl.M.C. 1265 of 2008 -:2:- also consider the decision of the Apex Court in S.R. Bathra's case. In case, the petitioner files an application for personal exemption, the same shall be granted by the learned Magistrate since the respondents to the M.C. is not an accused person. This Crl.M.C. is disposed of as above. V. RAMKUMAR, JUDGE ani/