IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Crl.Rev.Pet.No. 701 of 2010() ----------------------------- AGAINST THE ORDER DATED 29/01/2010 IN CRMP.265/2010 IN CRA.70/2010 of SESSIONS COURT, TRIVANDRUM MC.100/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... REVN. PETITIONER(S): ---------------- SMITHA SUSAN @ SMITHA GEORGE, AGED 32 YEARS, W/O. M.M. JAYAN GEORGE @ JAYAN GEORGE MATHEW, T.C. 4/2550-1, PATTOM P.O., KOWDIAR VILLAGE, THIRUVANANTHAPURAM BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.T.K.BIJU RESPONDENT(S): --------------- 1. M.M. JAYAN GEORGE, S/O. GEORGE MATHEW MULAMOOTTIL BUNGALOW, UNNIYOORKONAM, KULASEKHARAM, THUMBAKODE VILLAGE KANYAKUMARI, TAMIL NADU 2. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 31. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R1 PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON, 25/02/2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 701 of 2010 * * * * * * * * * * * * * * * * * * Dated : 25th February, 2010 ORDER The revision petitioner who was the first applicant in M.C. No. 100 of 2008 on the file of the J.F.C.M. II, Thiruvananthapuram, in a petition filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 challenges the interim order of stay passed by the learned Sessions Judge in an appeal namely Crl. Appeal No. 701 of 2010 filed by the first respondent herein. 2. Since the impugned order is an interlocutory order, by virtue of statutory bar under Sec. 397 (2) Cr.P.C. this Revision is not maintainable. 3. The learned counsel for the petitioner seeks permission to withdraw this Revision without prejudice to his right to work out his remedies elsewhere. Permission is granted and this Crl.R.P. No. 701 of 2010 -:2:- Crl.R.P. is dismissed as withdrawn. If the petitioner applies for return of certified copy of the impugned order the same shall be returned after substituting a photocopy of the same. Sd/- V. RAMKUMAR, (JUDGE) /true copy/ ani.