IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 Crl.MC.No. 4958 of 2010() ---------------------- CRA.824/2010 of SESSIONS COURT, THIRUVANANTHAPURAM ................. PETITIONER / APPELLANT: --------------------------------------- JAYAKRISHNAN, S/O.USHA KUMARI, T.C.NO.6/882, RAMESH BHAVAN, JAGATHY, THIRUVANANTHAPURAM. BY ADVS. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. LAVANYA, D/O.SUBHASHINI, PREETHA BHAVAN, KOTTAMVILA, CHITTATTINKARA WARD, THIRUMALA VILLAGE, THIRUVANANTHAPURAM-695006. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.4958 OF 2010 =========================== Dated this the 20th day of December,2010 ORDER Petitioner, the respondent in M.C.52/2009 filed Crl.Appeal No.824/2010 challenging Annexure 3 order passed by the Additional Chief JudicialMagistrate,Thiruvananthapuram.Crl.M.P.3 274/2010 was filed in the appeal to stay the execution of Annexure 3 order. Annexure 5 an ex parte interim order was passed, when the appeal was admitted, granting stay of only one of the reliefs granted under Annexure 3 order. Petition is filed under section 482 of Code of Criminal Procedure to modify Annexure 5 order by making it operative against the entire reliefs granted under Annexure 3 order. 2. Learned counsel appearing for the petitioner was heard. 3. The correctness of Annexure 3 order is Crl.M.C.4958/2010 2 challenged in Crl.Appeal before Additional Sessions Court, Thiruvananthapuram. Annexure 5 is an ex parte interim order passed by the Additional Sessions Judge. I do not find it necessary to modify that order as sought for. Petitioner is entitled to approach Additional Sessions Court for appropriate order, if any modification is warranted. Learned counsel submitted that a direction be issued to the learned Additional Sessions Judge to dispose the Crl.Appeal expeditiously. If petitioner files an application before the learned Additional Sessions Judge and an order of stay of interim reliefs granted under Annexure 3 order is not granted, learned Additional Sessions Judge to dispose the Crl.Appeal expeditiously. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006