IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 Crl.MC.No. 3485 of 2009(A) -------------------------------------- (M.C.NO.8/2009OF JUDICIAL FIRST CLASS MAGISTRATE, PERAMBRA) ............. PETITIONER/APPLICANT: ------------------------------------ FATHIMA, AGED 39 YEARS, D/O.ABDULLA HAJI, MALAYIL HOUSE, KEEZHOOR POST, MELADU VIA, KOYILANDI TALUK, KOZHIKODE DISTRICT. BY ADVS. MR.R.SUDHISH, SMT.M.MANJU. RESPONDENTS/STATE & COUNTER PETITIONERS: ------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BASHEER, AGED 49 YEARS, S/O.MOIDU HAJI, PEON, POONATH NELLISSERI U.P.SCHOOL, POONATH P.O. NADUVANNUR VIA, KOYILANDI TALUK, KOZHIKODE DISTRICT. 3. MARIAM, AGED 70 YEARS, W/O.MOIDU HAJI, KADOOLI HOUSE, AVITTANALLOOR P.O., KOYILANDI TALUK, KOZHIKODE DISTRICT. R1 BY PUBLIC PROSECUTOR MR. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3485 OF 2009 ------------------------------------------ Dated 24th November 2009 O R D E R Petitioner is the applicant in M.C.8/2009 on the file of Judicial First Class Magistrate, Perambra. This petition is filed for a direction to the learned Magistrate to dispose the case within a time frame contending that in spite of clause 5 of Sub Section 1 of Section 12 of Protection of Women from Domestic Violence Act directing to dispose the matter within sixty days, petition is not being disposed. 2. A report was called for from the learned Magistrate. Report of the learned Magistrate discloses that interim order was not granted, as it was felt that evidence is necessary to grant relief, in the nature and circumstances of the case. Learned Magistrate also reported that the case could not be disposed as both applicant and respondent failed to appear before the court, even though, it was posted on different occasions. Report discloses that it was posted to 24/9/2009, 30/9/2009, 3/10/2009, 7/10/2009, Crmc 3485/09 2 14/10/2009 and on 10/11/2009 and all these days parties were not present. Case now stands posted to 25/11/2009. In such circumstances, I find no justification for granting any direction to dispose the case within a time frame. Still Judicial First Class Magistrate, Perambra is directed to dispose M.C.8/2009 as expeditiously as possible. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.