IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 Crl.MC.No. 870 of 2011() ------------------------ CMP.303/2011 of JUDL.MAGISTRATE OF FIRST CLASS, PAYYOLI .................... PETITIONER(S): COMPLAINANT -------------------------- NAZEERA, D/O.ABDULLA, CHEINIYAKANDY, KOZHUKKALLOOR AMSOM DESOM, MEPPAYYUR, QUILANDY, KOZHIKODE DISTRICT. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S): STATE -------------------- 1. JALEEL, S/O.ABDULLA, CHEINIYAKANDY, KOZHUKKALLOOR AMSOM DESOM, MEPPAYYUR, QUILANDY, KOZHIKODE DISTRICT-673001. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.870 of 2011 -------------------------------------- Dated this the 18th day of March, 2011. ORDER Notice to the first respondent is dispensed with in view of the order I propose to pass. 2. Petitioner filed M.C.No.304 of 2011 before the learned Judicial First Class Magistrate, Payyoli under Section 12 of the Protection of Women from Domestic Violence Act. She also filed C.M.P.No.303 of 2011 seeking an interim order to restrain the first respondent from evicting her from the shared household. Grievance of petitioner is that the said petition was filed on 07.02.2011, inspite of five postings that petition was not taken up and in the meantime, petitioner was ousted from the shared household. Petitioner therefore seeks a direction for early disposal of the case. I have heard the learned Public Prosecutor also. 3. Without understanding the volume of work of the court concerned and priority for disposal of old cases I do not think it proper to direct the learned Magistrate for early disposal of M.C.No.304 of 2011. But having regard to the circumstances stated by petitioner and her grievance in the matter, C.M.P.No.303 of 2011 seeking interim order is requires to be disposed of as early as possible. Crl.M.C.No.870/2011 2 Resultantly this petition is disposed of directing the learned Magistrate to dispose of C.M.P.No.303 of 2011 as early as possible having regard to the grievance of the petitioner and the urgency of the matter pleaded by the petitioner. THOMAS P.JOSEPH, Judge. cks