IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 Crl.MC.No. 2572 of 2009() ------------------------- MP.719/2009 of ADDL.SESSIONS COURT,-I, MAVELIKKARA CMP.NO.11058/09 IN MC.85/2009 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... PETITIONER(S): COUNTER PETITIONER-IST RESPONDENT/COMPLAINANT: --------------------------------------------------------------------------------------------------------------- GAYATHRI, AGED 22,D/O.USHA,THATTATHIL ILLOM, VETTIKODE MURI,KATTANAM VILLAGE, MAVELIKKARA TALUK. BY ADVS. MR.N.SUKUMARAN, MR.S.SHYAM. RESPONDENT(S): PETITIONERS-APPELLANTS & 2ND COUNTER PETITIONER- 2ND RESPONDENT/ACCUSED: ----------------------------------------------------------------- 1. VISHNU NAMBOOTHIRI, AGED 29,S/O.DAMODHARAN NAMBOOTHIRI,VRINDHAVANAM, PUTHIYAVILA MURI,KANDALLOOR VILLAGE,HARIPAD. 2. RADHAMONY ANTHARJANAM, AGED 54,W/O.DAMODHARAN NAMBOOTHIRI, -DO- -DO- 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R3 BY PUBLIC PROSECUTOR MR. B.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2572 OF 2009 ------------------------------------------ Dated 6th August 2009 O R D E R Petitioner is first respondent in Crl.A.322/2009. She is the petitioner in M.C.85/2009 before the Judicial First Class Magistrate, Kayamkulam. M.C.85/2009 was filed by the petitioner against respondents 1 and 2 under Section 12 of Protection of Women from Domestic Violence Act. C.M.P.11058/2009 was filed for an interim order under Section 23 of the Act and Annexure-3 interim order was passed. It was challenged before Additional Sessions court, Mavelikkara in Crl.A.322/2009. Learned Sessions Judge admitted the appeal and passed an interim order of stay of the execution of the order under Annexure- 5 order. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-5 order. 2. Argument of the learned counsel is that Annexure-3 order was passed by consent and in such circumstances, learned Sessions Judge should not have CRMC 2572/09 2 entertained the appeal and in any case should not have granted an order of stay. Annexure-5 order was passed without hearing the petitioner. In such circumstances, petitioner can approach the learned Sessions Judge and seek an order for modification of Annexure-5 order or to dispose the appeal itself. Petitioner is entitled to raise all the contentions before that court. Petitioner is also entitled to file an application before the Sessions court to dispose the appeal without delay. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.