IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 Crl.MC.No. 3722 of 2008() ------------------------- CMP.2365/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER(S): --------------- ASMA, 34 YEARS W/O.SUBAIR, PAZHAYAKADAPURAM PO.KANHANGAD SOUTH, KANHANGAD VILLAGE HOSDURG TALUK,KASARAGOD BY ADV. SRI.K.P.HARISH RESPONDENT(S): --------------- 1. SUBAIR.K, 36 YEARS, S/O.MOIDU, PAZHAYAKADAPURAM, PO.KANHANGAD SOUTH, KANHANGAD VILLAGE HOSDURG TALUK,KASARAGOD 2. MARIYAM, 55 YEARS, W/O.MOIDU, PAZHAYAKADAPURAM, PO.KANHANGAD SOUTH, KANHANGAD VILLAGE HOSDURG TALUK,KASARAGOD 3. AYISHA, 45 YEARS, D/O.MOIDU, R/AT, QUARTERS, NEAR IDEAL ASCHOOL PADNEKAD., KASARAGOD. 4. SUBEETHA, AGED 40 YEARS D/O.MOIDU, DO.DO. 5. ARIFA, AGED 35 YEARS, W/O.GAFOOR, DO.DO. 6. ZEENATH, AGED 31 YEARS W/O.AZEEZ, PAZHAYAKADAPURAM, PO.KANHANGAD SOUTH, KANHANGAD VILLAGE, HOSDURG TALUK, KASARAGOD. 7. AYYANATH, 31 YEARS, W/O.BASHEER, DO.DO. 8. NIZAR, 29 YEARS, S/O.ABEDUL RAHIMAN 9. KUNHAMI, 52 YEARS, PAZHAYAKADAPURAM DO.DO. 10. BASHEER, 35 YEARS, DO.DO. 11. STATE , REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 12. STATION HOUSE OFICER, HOSDURG POLICE STATION, HOSDURG, KANHANGAD, KASARAGOD. R11 & R12 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3722 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of October, 2008 O R D E R This order must be read in continuation of the order dt.3.10.2008 passed by this Court. 2. Report of the learned Magistrate has been received. The learned Magistrate submits that in the main petition filed under the Protection of Women from Domestic Violence Act, evidence has already been adduced. In the application complaining about non-compliance with the interim order, evidence has to be adduced. There is also a prayer for vacation of the interim orders. In these circumstances, the learned Magistrate thinks it proper to have a comprehensive disposal of all the allegations after adducing evidence. The matter stands posted to 30.10.2008. 3. I am satisfied that no further or final direction need be issued. But I expect the learned Magistrate to dispose of case finally by 30.11.2008 and report compliance to this Court. Crl.M.C.No. 3722 of 2008 2 This Crl.M.C. is dismissed with the above observations. (R. BASANT) Judge tm Crl.M.C.No. 3722 of 2008 3 R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3722 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of October, 2008 O R D E R The petitioner has filed an application under Section 12 of the Protection of Women from Domestic Violence Act. She had sought interim direction for protection also. Interim directions were issued. But according to the petitioner, those orders were not effectively implemented. She had hence filed Annexs. 3 and 4 before the learned Magistrate. Those applications are still pending. They have not been disposed of. This is the short grievance of the petitioner. The main petition under Section 12 of the Act stands posted for evidence now, it is further submitted. 2. The steps for disposal of the main petition can of course go on. But in the meantime call for a report from the learned Magistrate as to whether Annexs. 3 and 4 petitions are pending and if so, why they are not disposed of. I need only observe that I expect the learned Crl.M.C.No. 3722 of 2008 4 Magistrate to dispose of such applications which are pending as expeditiously as possible, if there are no legal ground for not disposing them of. Await the report of the learned Magistrate. Call on 17.10.2008. (R. BASANT) Judge tm