IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 Crl.MC.No. 3312 of 2011(B) ------------------------- MC.42/2010 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................. PETITIONER(S): RESPONDENTS NO.1 TO 4 ------------------------------------------------------------- 1. YAHIYA KHAN, S/O.MUHAMMED MUSA KHAN, AMIR MANZIL, KUNNADI KIZHAKATHIL, MUNDAKKAL EAST, KOLLAM, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SAHIDA, D/O.HUSEENA BANU, PERUMPALLY THODIYIL, TRA HOUSE NO.44 (B), THEKKEVILA, KOLLAM. 2. HASSAIN BANU, SAIDU MANZIL, F.F.R.A. NAGAR, HOUSE NO.75 A, POLAYATHODU KOLLAM. 3. SAHIDA, D/O.HUSEENA BANU, PERUMPALLY THODIYIL, TRA HOUSE NO.44(B), THEKKEVILA, KOLLAM. 4. RAJESH NISSAM, PERUMPALLY THODIYIL, TRA HOUSE NO.44(B), THEKKEVILA, KOLLAM. 5. RAMLATH, KANANALOOR, NEDUMBANA, KOLLAM. BY ADV. SRI.ARUN.B.VARGHESE RESPONDENT(S): PETITIONER AND STATE ----------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SABIRATHU BEEVI, D/O.NABEESA BEEVI, AMIR MANZIL, KUNNADI KIZHAKETHIL, MUNDAKKAL EAST, PIN 673577. BY PUPLIC PROSECUTOR SMT. S. HYMA FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3312 of 2011(B) APPENDIX: PETITIONERS' ANNEXURES: ANNEXURE A1: TRUE COPY OF THE PETITION FILED UNDER SETION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT. ANNEXURE AII: TRUE COPY OF OBJECTION FILED BY THE PETITIONERS HEREIN BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT. ANNEXURE AIII: CERTIFIED COPY OF THE APPLICATION FOR ADJOURNMENT FILED BY THE PETITIONERS HEREIN. ANNEXURE A IV: CERTIFIED COPY OF THE ORDER SHEET IN M.C. No.42/2010. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE. N.K. BALAKRISHNAN, J. ----------------------------------- Crl.M.C No. 3312 of 2011 ------------------------------------ Dated this the 28th day of October, 2011 ORDER This petition is filed challenging “the day cost of Rs.5,000/-(rupees five thousand only)” ordered by the learned Magistrate. Interim order was passed by this Court directing the petitioners to deposit Rs.1,000/- (rupees one thousand only). Learned counsel submitted that it has already been deposited. That will be the sufficient cost for adjournment. Hence, distress warrant if any issued for realization of Rs.5,000/-(rupees five thousand) the day cost shall be recalled. The learned Magistrate shall proceed with the case on the next posting date itself. Both Parties will co-operate with the Court for an early disposal. The petition is disposed of accordingly. N.K. BALAKRISHNAN, JUDGE Kp/