IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Crl.MC.No. 1073 of 2010() ------------------------------------ MC.55/2008 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT-II, MAVELIKKARA .................... PETITIONER(S): ----------------------- MONI, AGED 52 YEARS, S/O.NARAYANAN, MONI HOUSE,VEDARAPLA,THAMARAKULAM, MAVELIKARA TALUK. BY ADV. MR.R.PADMAKUMAR RESPONDENT(S): -------------------------- 1. STATE OF KERALA-REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JALAJA, AGED 43 YEARS, W/O.MONI, MONI HOUSE, VEDARAPLA,THAMARAKULAM, MAVELIKKARA TALUK. R1 BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1073 OF 2010 ------------------------------------------ Dated 29th March 2010 O R D E R Petition is filed for a direction to the Magistrate not to initiate coercive steps on an order passed under Section 23 (1) of Protection of Women from Domestic Violence Act, till the period provided under Section 29 of the Act for filing an appeal is exhausted. Learned counsel appearing for the petitioner submitted that appeal has already been preferred and notice has been issued by the learned Sessions Judge to the second respondent. Learned counsel submitted that till the learned Sessions Judge passes an order in the appeal, Annexure-A3 order is to be suspended. Crmc 1073/10 2 2. When an appeal is already filed, it is for the Sessions court to decide whether coercive steps is to be taken or not. Petition is dismissed as infructuous. M.SASIDHARAN NAMBIAR, JUDGE. uj.