IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 OP(Crl.).No. 1627 of 2011(Q) ---------------------------- MC.10/2009 of CHIEF JUDICIAL MAGISTRATE COURT,KASARAGOD .................... PETITIONER: ---------------------- AMINATH SHAEEDA @ SAYEEDA M.A., D/O M.A.MOHAMMED, ARSHEEDH MANZIL, N.H.17, MADA, KUNJATHUR, KASARAGOD DISTRICT, PIN-671 323. BY ADVS. SRI.K.V.SOHAN, SMT.SREEJA SOHAN.K., SRI.GEORGE JOSEPH PULIMOOTTIL. RESPONDENT(S): --------------------------- 1. MOHAMED ASHRAF, S/O UMMARABBA, RESIDING AT K.C.ROAD, TALAPADY VILLAGE, MANGALORE TALUK, D.K.DISTRICT, PIN-575 001. 2. THE STATION HOUSE OFFICER, (CRIME NO.1253/2010)KASARAGOD - 671 121. R2 BY PUBLIC PROSECUTOR SRI. B.VINOD THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OP(CRL.)NO.1627/2011 Q APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROCEEDINGS PAPER FROM 15/03/2002 TO 17/01/2009 WITH RESPECT TO M.C.48/2008 DTD. 17/01/2009. P2: COPY OF THE APPLICATION FILED BY THE PETITIONER DTD. 12/02/2009 UNDER SECTIOIN 3 OF THE MUSLIM WOMEN PROTECTION OF RIGHTS ON DIVORCED ACT, 1986. P3: COPY OF THE COUNTER FILED BY THE 1ST RESPONDENT IN MC 10/2009 DTD. 15/10/2009. P4: COPY OF THE AGREEMENT PRODUCED IN M.C.10/2009 BY THE RESPONDENT ALONG WITH THE MEMO DTD. 28/05/2010. P5: COPY OF THE APPLICATION FILED AS CMP 3909/2010 IN M.C.10/2009 BY THE PETITIONER, DTD. 17/09/2010 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD. P6: COPY OF THE JUDGMENT IN O.P.(CRL) NO.569/2010 DTD. 4/11/2010. P7: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD DGD. 29/11/2010. P8: COPY OF THE NOTICE ISSUED BY THE CHIEF JUDICIAL MAGISTRATE, KASARAGOD IN M.C.10/2009 DTD. 22/01/2011. P9: COPY OF THE REPLY MEMO SUBMITTED BY THE PETITIONER TO EXT.P8 DTD. 28/01/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P. RAY, J. - - - - - - - - - - - - - - - - - O.P. (Crl.) No. 1627 of 2011 - - - - - - - - - - - - - - - - Dated this the 12th day of August, 2011. JUDGMENT 1. The petitioner, who is the petitioner in M.C. No.48 of 2008 on the file of the Chief Judicial Magistrate, Kasaragod for an offence punishable under Section 3 of Muslim Women (Protection of Rights on Divorce) Act, has filed this Original Petition with the following prayers: a) Call for the records connected with the case. b) Issue a direction to the Chief Judicial Magistrate Court, Kasaragod to hand over the original photocopy of Ext.P4 produced by the first respondent in M.C No. 10 of 2009 now pending before him to the 2nd respondent for investigation of Crime No. 1253 of 2010 of Kasaragod Police Station; c) Issue a direction to the Chief Judicial Magistrate Court, Kasaragod to stay all further proceedings in M.C. No.10 of 2009 until the report regarding the investigation of forgery of the document filed by the first respondent in M.C No. 10 of 2009 is submitted. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Public Prosecutor has no objection in allowing the prayer. 3. If the Public Prosecutor makes an application before the Chief Judicial Magistrate, Kasaragod on behalf of the O.P. (Crl.) No. 1627 of 2011 -:2:- Investigating Officer to hand over the photocopy of Ext.P4 to the Investigating Officer, the learned Chief Judicial Magistrate shall hand over the photocopy of the same within two weeks from the date of making such an application. This Original Petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv