IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 Crl.MC.No. 142 of 2010() ------------------------ CMP.NO.1348/09 IN MC.32/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... PETITIONER(S): COMPLAINANT: ------------------------------------------------ HAJIRA, D/O.KHADER, AGED 21 YEARS, PUTHANPEEDIKAYIL HOUSE, KOODALLUR P.O., OTTAPPALAM, PALAKKAD DISTRICT. BY ADVS. MR.C.A.CHACKO, SMT.C.M.CHARISMA, MR.N.A.SHAFEEK, MR.M.S.UNNIKRISHNAN (OASIS). RESPONDENT(S): RESPONDENTS & STATE: ----------------------------------------------------------------- 1. SIDHIQUE, S/O.MAMMY, AGED 27 YEARS, KIZHAKKUMPARAMBIL HOUSE, POKKUPADY, KALLADYPETTA P.O., OTTAPALAM, PALAKKAD DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.142 OF 2010 ------------------------------------------ Dated 15th January 2010 O R D E R In a petition filed under Section 12 of Protection of Women from Domestic Violance Act, petitioner the aggrieved person, filed C.M.P.1348/2009 for permission to examine two witnesses on her side. That petition was filed on 6/6/2009. Petition was opposed by the respondent. By Annexure-A4 order learned Magistrate dismissed the petition for the reason that examination of the petitioner was over on 31/1/2009 and petition was filed only on 6/6/2009 and it is highly belated and hence it cannot be allowed. Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A4 order and for permission to examine the witnesses. Crmc 142/10 2 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Argument of the learned counsel is that even though there was delay in filing the witness list or seeking permission to examine the witness, an opportunity is to be granted. Annexure-A2 copy of the petition filed or even the criminal M.C do not show what was the witnesses, if examined, is expected to speak so as to exercise the power under Section 311 of Code of Criminal Procedure. Apart from the said inherent defect it is seen that Annexure-A4 order was passed on 21/11/2009 dismissing the petition as belated. Even the certified copy of the order is seen obtained by the petitioner on 8/12/2009. This petition is filed belatedly only on 14/1/2010. The said delay itself Crmc 142/10 3 justifies the decision of the learned Magistrate. Petitioner is at liberty to challenge the order along with the final order, if warranted. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.