IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 Crl.MC.No. 2119 of 2010() ---------------------------------- MC.35/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I,CHALAKUDY .................... PETITIONER(S): RESPONDENTS -------------------------- 1. AKBAR, AGED 38 YEARS, S/O. AZEEZ, MATHILAKATH HOUSE, THALIKULAM VILLAGE, THRISSUR. 2. AZEEZ, RESIDING DO- 3. FATHIMA, W/O. AZEEZ, RESIDING DO-DO- BY ADV. SRI.P.K.ANIL RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. JASMINE, D/O. IBRAHIM, AGED 32 YEARS, MALIYEKKAL HOUSE, VADAMA VADAKKUM BHAGAM VILLAGE, ASHTAMICHIRA DESOM. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2119 of 2010 -------------------------------------- Dated this the 17th day of June, 2010 ORDER Petitioners who are the respondents in C.M.P.No.983/2010 in M.C.No.35/2010 on the file of J.F.C.M. Court, Chalakudy in a proceeding under the Protection of Women from Domestic Violence Act, 2005 claim to have filed Crl.R.P.53/2010 before the Sessions Court on being aggrieved by the interim order dated 16/3/2010 passed in C.M.P.No.983/2010 by the learned Magistrate. According to the petitioners they have filed a stay petition along with the revision filed before the Sessions Court but the stay petition has been adjourned to 16/9/2010 and in the meanwhile the Magistrate has issued a warrant for implementing the impugned order for maintenance. Petitioners seek a stay of all further proceedings pursuant to Annexure A1 order passed by the Magistrate during pendancy of aforesaid revision. 2. It is doubtful whether the revision filed by the petitioner itself is maintainable because the Annexure-I order passed by the Magistrate is an appealable order under Section 29 of the Act. When the revision filed by the petitioner is Crl.M.C.No. 2119/2010 : 2 : prima facie not maintainable, there cannot be any interim order passed till the disposal of the revision. The petitioners may work out their remedy either by filing a fresh appeal or seek a conversion of the revision into an appeal if such a course is permissible. This Criminal M.C. is dismissed. V.RAMKUMAR, JUDGE skj