IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 Crl.MC.No. 819 of 2011() ------------------------ (MC.44/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT I, PERINTHALMANNA) .................... PETITIONER(S): REVIEW PETITIONER/RESPONDENT: -------------------------------------------------------------------------------- ABBAS DARIMI C., AGED 38 YEARS, S/O.MUHAMMED, CHAKKINGAL HOUSE, ELAD P.O., NOW RESIDING AT NAR MIC YATHEENKHANA, VALLUVAMBRAM P.O., MUSLIAR PEEDIKA, MALAPPURAM DISTRICT (MANJERI POLICE STATION LIMIT). BY ADVS. SRI.T.K.SAIDALIKUTTY, SRI..ZIYAD RAHMAN. RESPONDENT(S): RESPONDENT/PETITIONER/STATE: -------------------------------------------------------------------------------- 1. FATHIMATHUL BUSHRA, AGED 31 YEARS, D/O.HAMZA MUSLIAR,KARIMBANAKKAL HOUSE, THOOTHA P.O., ANAMANGAD, MALAPPURAM DISTRICT, (PERINTHALMANNA POLICE STATION LIMIT). 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.K.M.SATHYANATHA MENON R2 BY PUBLIC PROSECUTOR SRI. M.R. VENUGOPAL THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.819/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A1: COPY OF THE ORDER OF THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS I, PERINTHALMANNA DTD. 17/01/2009 IN MC.NO.44 OF 2006. ANNEX.A2: COPY OF THE ORDER DTD. 10/12/2009 OF THE COURT OF THE ADDITIONAL DISTRICT & SESSION JUDGE (ADHOC III) MANJERI IN CRL.R.P.NO.15 OF 2009. ANNEX.A3: COPY OF THE ORDER OF THE FAMILY COURT, MALAPPURAM IN M.C.47 OF 2006. ANNEX.A4: COPY OF THE ORDER IN CRL.M.A.NO.1600 OF 2011 DTD.15/03/2011 OF THE HIGH COURT OF KERALA. ANNEX.A5: STATEMENT FILED BY THE COUNSEL APPEARING FOR THE PETITIONER BEFORE THE TRAIL COURT. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.819 of 2011 - - - - - - - - - - - - - - - - Dated this the 22nd day of July, 2011. O R D E R In this application filed under Section 482 Cr.P.C., the petitioner, who is the respondent in M.C. No. 44 of 2006 on the file of the Judicial First Class Magistrate-I, Perintalmanna filed under Section 3(1) of the Muslim Women (Protection of Rights on Divorce) Act, has challenged Annexure A1 and A2 orders passed by Judicial First Class Magistrate-I, Perintalmanna and Addl. District and Sessions Judge (Adhoc-III), Manjeri respectively. By order dated 17.01.2009 in M.C. No.44/2006, the petitioner was directed to pay `3,00,000/-. On revision filed by the petitioner before the Addl. District and Sessions Judge (Adhoc-III), Manjeri as Crl. Revision Petition No. 15 of 2009, the learned Sessions Judge as per order dated 10.12.2009 dismissed the revision petition confirming the order passed in M.C. No. 44/2006. 2. I do not find any scope to interfere under Section 482 Cr.P.C with the impugned orders. However, the petitioner seeks some time to pay the amount. The petitioner was directed to Crl.M.C. No. 819/2011 -:2:- deposit `1,75,000/- by interim order dated 15.03.2011 in Crl.M.A. No. 1600 of 2011. The learned counsel for the respondent submits that the said amount has been deposited by the petitioner. The petitioner's counsel undertakes to deposit the balance amount of `1,25,000/- (Rupees one lakh twenty five thousand only) by the end of December, 2011. In view of such undertaking, the petitioner is given time till 31.12.2011 to pay the balance amount of `1,25,000/-. Failure to deposit the amount will amount to contempt of this Court. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv