IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 Crl.MC.No. 842 of 2010() ------------------------ AGAINST THE ORDER IN CMP.1086/2010 IN MC.24/2010 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER/PETITIONER: ------------------------------------ ASYA, W/O.USMAN, `AMIGRAHSM' KORAPPADAM, VAZHAKKAD, ERNAD, MALAPPURAM. BY ADV. SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH RESPONDENTS/RESPONDENT & STATE: -------------------------------------------------------- 1. USMAN, S/O.MARAKARUTTY, KORANGADI PARAMBIL HOUSE, CHEEKOD P.O., OMANOOR, VAZHAKKAD, MALAPPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. --------------------------- CRL.M.C. No. 842 OF 2010 -------------------------- Dated this the 10th day of March, 2010 O R D E R The petitioner is the applicant before Judicial First Class Magistrate, Malappuram in M.C. No.24/2010, a petition filed under Section 12 of the Protection of Women from Domestic Violence Act. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to advance the hearing of CMP No.1086/2010 contending that in spite of the petition filed to advance the hearing, learned Magistrate did not advance the hearing. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. The argument of the learned counsel is that before pronouncing Annexure-A4 order under Section 23(2) of the Act, first respondent had transferred the property and therefore a petition was filed as CMP No.1086/2010 and another petition to advance the hearing, but the learned Magistrate posted the case to 20.3.2010 when M.C. No. 24/2010 was originally posted and hence a direction is to be issued. I find no reason to issue a direction as sought for. The petition is disposed directing learned Magistrate to pass appropriate orders on CMP No.1086/2010 expeditiously without delay. M.SASIDHARAN NAMBIAR (JUDGE) vps Crl.M.C. No.842/2010 2