IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Crl.MC.No. 3202 of 2009() ------------------------- AGAINST THE ORDER DATED 25/08/2009 IN CMP.1204/2009 IN MC.156/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER(S): 1ST RESPONDENT ----------------------------- SANTHOSH JOSEPH, S/O. LATE K.M.JOSEPH MERILAND, NEAR PUZHATHIL HOUSING COLONY, SOUTH BAZAR, KANNUR, NOW RESIDING AT BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): PETITIONER & STATE --------------------------------- 1. SHEEBA STANLY, D/O. K.F.STANLY AGED 30 YEARS, KALAPPURAKKAL HOUSE, KILIYANTHARA.P.O., THALASSERY. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3202 OF 2009 ------------------------------------------ Dated 6th October 2009 O R D E R This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-III order passed under Section 23 of Protection of Women from Domestic Violence Act by the first respondent in C.M.P.1204/2009 in M.C.156/2009 on the file of Judicial First Class Magistrate-I, Kannur. Right of appeal is available to the petitioner as against Annexure-III order. When right of appeal is available, it is not for this court to exercise the extra ordinary inherent power under Section 482 of Code of Criminal Procedure. Petition is dismissed granting liberty to the petitioner to challenge Annexure-III order in an appeal, as provided under the Protection of Woman from Domestic Violence Act. M.SASIDHARAN NAMBIAR, JUDGE. uj.