IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 32716 of 2008(T) -------------------------- PETITIONER(S): --------------- PADMINI, W/O.GOPALAKRISHNAN, THEKKEMADATHIL VEEDU, PATHIYOOR PADINJAREMURI VILLAGE, NOW RESIDING AT KAITHATHARAYIL VEEDU, MUTHUKULAM, THEKKEMURI, MUTHUKULAM VILLAGE. BY ADV. SRI.P.CHANDY JOSEPH RESPONDENT(S): --------------- 1. SARADHA, W/O.NARAYANAN, KANNEL VEETTIL, MUTHUKULAM THEKKEMURI, MUTHUKULAM VILLAGE,NOW RESIDING AT SARADHALAYAM, MUTHUKULAM VILLAGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 3. TAHSILDAR (R.R),TALUK OFFICE, HARIPAD. 4. VILLAGE OFFICER, MUTHUKULAM VILLAGE OFFICER, MUTHUKULAM. GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.32716 of 2008 ---------------------------------------- Dated this the 6th day of November 2008 J U D G M E N T Against the petitioner, an order under Section 446 Cr.P.C has been passed obliging him to pay an amount of Rs.15,000/- as penalty. The petitioner preferred an appeal under Section 449 Cr.P.C before the Sessions Court. That appeal was filed with the delay of 205 days and an application for condonation of the same was also filed. The appeal is seen filed on 31/10/2008. Along with the file, an application for stay of execution of the order has also been filed. The short grievance of the petitioner is that no order has been passed in such application for suspension of execution. Annexure P3 shows that the appeal memorandum bears the date 31/10/2008. The petitioner has come to this court on 5/11/2008. 2. I need only direct the learned Sessions Judge concerned to consider the application for condonation of delay in filing Crl.A.No.512/08 and take an appropriate decision forthwith. Thereafter, if the delay is condoned and the appeal is admitted, the learned Sessions Judge must immediately consider W.P.C.No.32716/08 2 the application for suspension of execution of the order under Section 446 Cr.P.C. 3. It is submitted that the matter is now pending before the Additional Sessions Judge, Mavelikkara. 4. Hand over copy of this order to the learned counsel for the petitioner for production before that court. The learned Additional Sessions Judge shall pass orders on the application for condonation of delay and if that is allowed and on the application for suspension of execution of the impugned order both within a period of seven days from the date on which a copy of this order is placed before the learned Additional Sessions Judge. (R.BASANT, JUDGE) jsr W.P.C.No.32716/08 3 W.P.C.No.32716/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007