IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 Crl.MC.No. 3799 of 2010() ----------------------- CRMP.1552/2010 OF SESSIONS COURT, KASARAGOD ................... PETITIONER / RESPONDENT : ---------------------------------------- NOUSHAD @ MOHAMMED NAUSHAD, S/O.MUHAMMED KUNHI, VAZHAVALAPPU, ORALA, KOTTODY P.O., KASARAGOD DISTRICT. BY ADV. SRI.JOSE J.MATHEIKAL RESPONDENT / PETITIONER AND STATE ---------------------------------------------------------- 1. K.P.SAIFUNEESA, AGED 19 YEARS, D/O ABDULLAH ORALA, VAZHAVALAPPU, KOTTODY P.O., KALLAR VILLAGE, KASARAGOD DISTRICT, PIN 683 551. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3799 OF 2010 --------------------------------------------- Dated 15th September, 2010 O R D E R Petitioner is the appellant in Crl.A.228/2010 on the file of Sessions Court, Kasaragod. Appeal is filed challenging Annexure-A3 order passed by Judicial First Class Magistrate-I, Hosdurg under Section 12 of Protection of Woman from Domestic Violence Act. Crl.M.P.1552/2010 was filed to suspend the sentence. Learned Sessions Judge by Annexure-A5 order suspended the sentence on condition of depositing Rs.50,000/- on or before 15/9/2010. Petition is filed under Section 482 of Code of Criminal Procedure to quash the said condition as well all further proceedings. Crmc 3799/10 2 2. Learned counsel appearing for the petitioner was heard. 3. Argument of the learned counsel is that the incident alleged in M.C.61/2009 took place on 4/6/2006 at a time when the Protection of Woman from Domestic Violence Act was not in force and therefore, the Act has no application and hence the entire proceedings is vitiated. Question whether the Act applies or not is a matter to be considered by the learned Sessions Judge in Crl.A.228/2010 and on that ground the proceedings cannot be quashed as sought for. Learned Sessions Judge is competent to impose the condition while granting suspension of the sentence. If the petitioner is not in a position to deposit the amount as directed in Annexur-A5 order, he is at liberty to approach the learned Sessions Judge to Crmc 3799/10 3 dispose the appeal expeditiously. If an application is filed to dispose Crl.A.228/2010 expeditiously by the petitioner, learned Sessions Judge shall dispose the appeal within thirty days from the date of filing of the petition. Period for depositing the amount as directed in Annexure-A5 order is extended for one month from today. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.