IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 OP(Crl.).No. 985 of 2010(Q) ------------------------------------- CRA. NO.497/2010 OF ADDL. SESSIONS COURT, MAVELIKARA. MC.82/2009 of JUDICIAL IST CLASS MAGISTRATE COURT- I, HARIPAD .................... PETITIONER/APPELLANT/RESPONDENT NO.3 -------------------------------------------------------------------- BHUVANACHANDRA PANICKER, S/O. GANGADHARA PANICKER,AGED 62 YEARS, PERMANENTLY RESIDING AT MANIMANDIRAM, KANDALLOOR SOUTH.P.O., KAYAMKULAM AND WORKING IN CROWN EMIRATES CO. LTD., P.O.BOX NO.7030, JEBEL ALI FREE ZONE, DUBAI, U.A.E. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): ------------------------ 1. SREEJA W/O. MOHAN SARMA, SUDARSANA, KANDALLOOR SOUTH, KANDALLOOR VILLAGE-690535. 2. BABBY SARMA, AGED 10 YEARS, S/O. SREEJA, SUDARSANA, KANDALLOOR SOUTH, KANDALLOOR VILLAGE-690535. 3. THRISHNA, AGED 8 YEARS, D/O. SREEJA, SUDARSANA, KANDALLOOR SOUTH, KANDALLOOR VILLAGE (2ND AND 3RD RESPONDENTS ARE MINORS REP. BY THEIR MOTHER 1ST RESPONDENT). 690535. 4. MOHAN SARMA, AGED 49 YEARS, S/O. GANGADHARAN, CTCO, INTERN CARGO SERVICES, L.L.C. PO BOX NO. 16967 AJMAN, UAE. 5. YESHODARA, AGED 87 YEARS, MANIMANDIRAM, KANDALLOR SOUTH KANDALLOOR VILLAGE-690535. 6. THE STATE OF KEALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. BY GOVT. PLEADER SRI.P.A.SALIM THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- O.P.(CRL.)NO.985 OF 2010 --------------------------------------------- Dated 3rd December, 2010 JUDGMENT Petitioner, the third respondent in M.C.82/2009 on the file of Judicial First Class Magistrate's Court-I, Harippad filed this petition to declare Ext.P1 order passed by the learned Magistrate under Section 12 of Protection of Women from Domestic Violence Act unsustainable and to quash Ext.P2 complaint filed by the respondent, who filed the petition under Section 12 of the Act before the learned Magistrate and to quash Ext.P1 or direct the learned Sessions Judge to dispose the appeal filed against Ext.P1 order. 2. Learned counsel appearing for the petitioner was heard. OP(Crl) 985/10 2 3. When correctness of Ext.P1 order is challenged before learned Sessions Judge, Alappuzha in Ext.P4 Crl.A.497/2010 filed under Section 29 of the Act, it is not for this Court to consider the correctness of Ext.P1 order. If grievance of the petitioner is that appeal is not being disposed, petitioner is at liberty to approach the learned Sessions Judge to dispose the appeal expeditiously. If the petitioner files an application for expeditious disposal of Crl.A.497/2010, learned Sessions Judge to dispose the appeal expeditiously, at any rate, within two months from that date. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.