IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Crl.MC.No. 4308 of 2011() ------------------------- AGAINST THE ORDER DATED 14/12/2011 IN CRMP 4049/2011 IN MC.12/2011 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER: ------------------- MRS. USHA ASHOK, W/O. ASHOK KUMAR, C2, WILL MOUNT PART, S.I.PROPERTIES, PALLIMUKKU, KOCHI-682 016. BY ADV. SRI.SHAIJAN C.GEORGE SRI.JOHN VIPIN SMT.S.REKHA SRI.T.U.ZIYAD SMT.RAMEENA.P.K. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ASHOK KUMAR, AGED 43 YEARS, S/O.K.S.KURUP, C1, WILL MOUNT PART, S.I.PROPERTIES, PALLIMUKKU, KOCHI-682 016. 3. GIGIMOL SOLOMON, AGED 42 YEARS, D/O. SOLOMON, POOVUNGAL HOUSE, PYARI JUNCTION, THOPPUMPADY, KOCHI-682 003. R1 & R2 BY ADV. SRI.GEO PAUL R1 BY SMT. JASMINE, PUBLIC PROSECUTOR R2 BY SRI.SANU MATHEW SRI.C.R.PRAMOD SRI.S.ASHOK KUMAR SRI.NOEL JOSEPH SRI.K.V.REJANISH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JV CRMC NO: 4308/2011 ANNEXURE PETITIONER'S ANNEXURES: A1: COPY OF THE COMPLAINT IN MC NO.12/2011 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. A2: COPY OF THE INTERIM PETITION CMP 3983/11 IN MC NO.12/ 2011 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. A3: COPY OF THE ORDER DTD.24.11.11 IN CMP 3983/11 IN MC NO.12/2011 OF THE HON'BLE CHIEF JUDICIAL MAGISTRATE, ERNAKULAM. A4: COPY OF THE COUNTER IN CRL.M.P.NO.3983/11 IN MC NO. 12/2011 FILED BY THE 2ND RESPONDENT. A5: COPY OF THE PETITIONER CRL.MP NO.4049/2011 IN MC NO.12/2011 ON THE FILE OF THE HON'BLE CHIEF JUDICIAL MAGISTRATE, ERNAKULAM A6: COPY OF THE COUNTER IN CRL.MP NO.4049/2011 IN MC NO.12/2011 ON THE FILE OF THE HON'BLE CHIEF JUDICIAL MAGISTRATE, ERNAKULAM. A7: COPY OF THE ADDL.AFFIDAVIT FILED BY THE 2ND RESPONDENT. A8: CERTIFIED COPY OF THE ORDER DTD.14.12.2011 IN CRL.M.P.NO. 4049/2011 IN MC NO.12/2011 OF THE HON'BLE CHIEF JUDICIAL MAGISTRATE, ERNAKULAM. RESPONDENTS' ANNEXURES : NIL /TRUE COPY/ P.A. TO JUDGE JV N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4308 of 2011 ----------------------------------- Dated this the 22nd day of December 2011 O R D E R Annexure 8 order is under challenge in this petition filed under Sec.482 Cr.P.C. Learned counsel for the 2nd respondent submits that the petitioner should have filed an appeal as provided under Sec.29 of the Protection of Women from Domestic Violence Act, but instead he has rushed to this Court under Sec.482 Cr.P.C. In view of the fact that remedy by way of appeal is available, Sec.482 cannot be invoked. Learned counsel submits that as per the order the petitioner has not been given a breathing time and that was why he rushed to this Court. 2. However, in view of the circumstances mentioned earlier, this Crl.M.C. is disposed of as stated below :- Petitioner will file appeal before the Sessions Crl.M.C. No.4308 of 2011 -: 2 :- Judge, Ernakulam on or before 13.1.2012. The free copy of the order (Annexure 8) produced in this petition shall be returned to the counsel appearing for the petitioner. The operation of the impugned order shall be kept in abeyance till 13.1.2012. N.K.BALAKRISHNAN, JUDGE. Jvt