IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 Crl.MC.No. 782 of 2010() ----------------------------------- CMP.335/2010 IN MC.61/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, HOSDRUG .................... PETITIONER/IST RESPONDENT --------------------------------------------- NOUSHAD @ MOHAMMED NOUSHAD, SON OF MUHAMMED KUNHI, VAZHAVALAPPUR, ORALA, KOTTODY PO, KASARAGOD DISTRICT. BY ADV. MR.M.RAMESH CHANDER RESPONDENTS/PETITIONER AND RESPONDENTS 2 AND 3 AND STATE -------------------------------------------------------------------------------------------------------- 1. K.P. SAIFUNEESA, AGED 19 YEARS, D/O.ABDULLA, ORALA, VAZHAVALAPPU, KALLAR VILLAGE, KASARAGOD DISTRICT. 2. NISHAD, VAZHAVALAPPU, ORALA, KOTTODY PO, KASARAGOD. 3. SHOUKATH, VAZHAVALAPPU, ORALA, KOTTODY PO KASARAGOD. 4. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. R4 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.782 OF 2010 ------------------------------------------ Dated 30th March 2010 O R D E R Petitioner is the first respondent in M.C.61/2009 on the file of Judicial First Class Magistrate-I, Hosdurg initiated under Section 12 of Protection of Women from Domestic Violence Act, on a petition filed by the first respondent. Annexure-I is the petition filed before the District Protection Officer, based on which learned Magistrate issued notice to the petitioner herein. By Annexure-IV order first respondent was permitted to amend the main petition incorporating a claim for Rs.Five Lakhs. Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-I petition and Annexure-IV order. Crmc 782/10 2 2. Learned counsel appearing for the petitioner was heard. 3. Question whether claim of the first respondent would lie as against the petitioner is a question to be considered by the learned Magistrate on Annexure-I complaint. Petitioner is entitled to raise all the contentions before the learned Magistrate. By Annexure-IV order learned Magistrate has only permitted first respondent to amend the petition incorporating a relief of compensation of Rs.Five Lakhs. I find no reason to interfere with Annexure-IV order. Granting liberty to the petitioner to raise all the contentions before the learned Magistrate, petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.