IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 Crl.MC.No. 4377 of 2010() ----------------------------------- (CRL.M.C. 81/2009, JFCM COURT, CHALAKUDY DT.27/8/2010) ---------------- PETITIONER(S): ACCUSED-1: ----------------------------------------- LALU P.V., AGED 39, S/O.VELAYUDHAN, PEENICKKAL HOUSE, VELLANCHIRA P.O., THAZHEKKAD, IRINJALAKUDA, PIN-680 683. BY ADV. SRI.RAJIT RESPONDENT(S): STATE & DEFACTO COMPLAINANT: ----------------------------------------------------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SEENA.O.S., AGED 34, D/O.O.K.SURENDRAN, PEENICKAL HOUSE, VELLANCHIRA P.O., THAZHEKKAD, IRINJALAKUDA, PIN-680 683, PRESENTLY RESIDING AT ODASSERY HOUSE, ASHTAMICHIRA P.O., THRISSRU DISTRICT, PIN-680 731. R1 BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4377 OF 2010 =========================== Dated this the 2nd day of November,2010 ORDER As against the petitioner Annexure A order was passed under section 12 of Protection of Women from Domestic Violence Act, 2005. Petitioner has filed Annexure B Crl.A.629/2010 before Sessions Court, Thrissur challenging the order. This petition is filed under section 482 of Code of Criminal Procedure for a direction to the Sessions Court to take the appeal and the stay application immediately and also for a direction to the Chalakudy Police not to arrest the petitioner for not complying with Annexure A order. 2. Learned counsel appearing for the petitioner was heard. 3. When an appeal is filed challenging an order passed under section 12 of the Protection Crl.M.C.4377/2010 2 of Women from Domestic Violence Act and in the appeal an application for stay is filed, learned Sessions Judge is expected to pass orders in the application without delay. 4. Learned Sessions Judge, Thrissur is directed to pass appropriate order in the application for stay of Annexure A order in Crl.A.629/2010 without further delay and in any case within two weeks from the date of receipt of a copy of this order. Petitioner is not entitled to get an order against the police without even producing the order passed by the learned Magistrate directing the police to register a case or the F.I.R by which the case is registered. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006