IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 Crl.MC.No. 40 of 2009() ----------------------- CMP.1536/2008 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA .................... PETITIONER(S): --------------- K.M. SIDHEEK, S/O. KUNHAMMAD, AGED 30 YEARS, KIZHAKKE MUKKAT HOUSE, ORKATTERI, VATAKARA TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- 1. FARISHA, D/O. KUNHALI, AGED 29 YEARS, ARIYERI HOUSE, P.O. PERODE, NADAPURAM AMSOM, VATAKARA TALUK. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.40 of 2009 ------------------------------------- Dated this the 5th day of January, 2009 ORDER Petitioner is the brother of the deceased husband of the 1st respondent. The 1st respondent initiated proceedings under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the `D.V Act') against her deceased husband. He died during the pendency of the proceedings. An application was later filed to implead the petitioner and his mother as additional respondents in the application under the D.V Act. That application was allowed by the impugned order. The petitioner claims to be aggrieved by that order. He has run to this Court with this application under Section 482 Cr.P.C. 2. The impugned order is definitely an appealable order under Section 29 of the D.V Act. I find no reason why this application under Section 482 Cr.P.C must be entertained at the instance of the petitioner who has an equally efficacious alternative remedy under Section 29 of the D.V Act. 3. With the observation that if aggrieved, the petitioner's remedy lies elsewhere and he should seek invocation of the right of appeal under Section 29 of the D.V Act, this Crl.M.C is dismissed. Crl.M.C. No.40 of 2009 2 4. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-