IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 Crl.MC.No. 3494 of 2009() ------------------------------------ CRL.MP.3315/2009 IN CRL.A.NO.624/2009 OF ADDL. SESSIONS COURT (ADHOC-I), ERNAKULAM. ........... PETITIONER/PETITIONER IN THE CRMP. --------------------------------------------------------- MOHANAN, S/O.PADMANABHAN NAIR, AGED 40, AMBRAMADATHIL VEEDU,KUTTA KARA, PUTHENCRUZ,NOW RESIDING AT ANOOP RESTAURANT, MARADU,THRIPUNITHURA. BY ADV. MR.S.MUHAMMED HANEEFF RESPONDENTS/STATE & RESPONDENTS IN THE CRMP. -------------------------------------------------------------------------------- 1. GEETHA P.T., W/O.MOHANAN, AGED 38, PURTHAPARAMBIL HOUSE, PAZHAMTHOTTAM, ERNAKULAM DISTRICT. 2. BINU, AGED 16, S/O.MOHANAN, -DO- -DO- 3. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R3 BY PUBLIC PROSECUTOR MR.K.J. MOHAMMED ANZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3494 OF 2009 ------------------------------------------ Dated 30th October 2009 O R D E R Annexure-A2 interim protection order under Section 23 of Protection of Women from Domestic Violence Act was passed by Judicial First Class Magistrate, Kolencherry in C.M.P.3556(A)/2009 in M.C.60/2009 on 1/7/2009 directing the petitioner to pay Rs.5,000/- each to the petitioners therein who are respondents 1 and 2 herein. Petitioner filed C.M.P.7584(A)/2009 to modify that order. By Annexure-A6 order petition was dismissed. Petitioner filed Crl.A.624/2009 before Sessions court, Ernakulam challenging Annexure-A6 order. In the appeal he filed Crl.M.P.3315/2009 for stay of operation of further proceedings pursuant to the order in C.M.P.7584(A)/ 2009. By Annexure-A8 order learned Sessions Judge dismissed the petition holding that petitioner did not produce Annexure-A2 order, by which petitioner was directed to pay the amount. This petition is filed under Section 482 of Code of Criminal Procedure to Crmc 3494/09 2 quash Annexure-A8 order and to direct the Sessions court to pass fresh order on Annexure-A7 application on merits. 2. Learned counsel appearing for the petitioner was heard. 3. By Annexure-A8 order learned Magistrate dismissed Crl.M.P.3315/2009 for the sole reason that petitioner did not produce the original order passed by the learned Magistrate in C.M.P.3356(A)/2009 on 1/7/2009. Learned counsel appearing for the petitioner submitted that petitioner would produce Annexure-A2 order passed by the learned Magistrate before the Sessions court. 4. In such circumstances, Annexure-A8 order is quashed. Learned Additional Sessions Judge, Ernakulam is directed to pass order in Crl.M.P.3315/2009 afresh, after hearing the petitioner on merits. Petitioner is directed to produce Annexure-A2 order before the Sessions court immediately. Judicial First Class Magistrate, Kolencherry is directed not to execute Annexure-A2 order for ten days. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.