IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 Crl.MC.No. 1519 of 2011() ------------------------------------ M.C. NO.37/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VAIKKOM ............. PETITIONER(S): RESPONDENT IN MC ---------------------------------------------------- MUHAMMEDALI K.K. S/O.KUNJUMUHAMMED, AGED 52 YEARS, KARUTHANATTIL HOUSE, MITTAYIKUNNU P.O.,VADAYAR, THALAYOLAPPARAMBU, VAIKKOM, BY ADV. SRI.K.R.VINOD SMT.M.S.LATHA RESPONDENT(S): STATE/COMPLAINANT ---------------------------------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKUALM,KOCHI-682 031. 2. LAILA P.A.,D/O.ABDULLA, AGED 41 KIZHAKKEKALA HOUSE, PUTHUKKATT, KUMARANALLOOR P.O.,PERUMBAYIKKADU, KOTTAYAM- 679 522. BY PUBLIC PROSECUTOR SRI.K.J.MOHAMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1519 of 2011 --------------------------------------- Dated this 27th day of May, 2011 ORDER This criminal miscellaneous case is filed by the respondent in M.C.No.37 of 2010 of the Court of learned Judicial First Class Magistrate, Vaikom. That proceeding is initiated by the second respondent who, according to the petitioner is his divorced wife. Petitioner states that he had pronounced Talaq of second respondent much before the second respondent filed Annexure- A1, complaint on which learned Magistrate has initiated M.C.No.37 of 2010. It is the contention of learned counsel that proceeding before the learned Magistrate is not maintainable in view of the fact that petitioner has divorced the second respondent even prior to the initiation of the proceeding. I am inclined to think, that is a matter which petitioner has to urge before the learned Magistrate with opportunity to the second respondent to meet that contention. There is no reason why this Court should interfere at this stage under Sec.482 of the Code of Criminal Procedure. Resultantly, without prejudice to the right of petitioner to dispute maintainability of the proceeding before the learned Crl.M.C.No.1519 of 2011 -: 2 :- Magistrate, this criminal miscellaneous case is closed. Learned Judicial First Class Magistrate, Vaikom is directed to consider the question regarding maintainability of the proceeding, if raised by the petitioner as early as possible and decide the same. (THOMAS P JOSEPH, JUDGE) Sbna/-