High Court Kerala High Court

Lalu P.V. vs State Of Kerala on 2 November, 2010

Kerala High Court
Lalu P.V. vs State Of Kerala on 2 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4377 of 2010()


1. LALU P.V., AGED 39, S/O.VELAYUDHAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP.BY PUBLIC
                       ...       Respondent

2. SEENA.O.S., AGED 34, D/O.O.K.SURENDRAN,

                For Petitioner  :SRI.RAJIT

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :02/11/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
          ===========================
          CRL.M.C.No. 4377   OF 2010
          ===========================

    Dated this the 2nd day of November,2010

                     ORDER

As against the petitioner Annexure A order

was passed under section 12 of Protection of

Women from Domestic Violence Act, 2005.

Petitioner has filed Annexure B Crl.A.629/2010

before Sessions Court, Thrissur challenging the

order. This petition is filed under section

482 of Code of Criminal Procedure for a

direction to the Sessions Court to take the

appeal and the stay application immediately and

also for a direction to the Chalakudy Police

not to arrest the petitioner for not complying

with Annexure A order.

2. Learned counsel appearing for the

petitioner was heard.

3. When an appeal is filed challenging an

order passed under section 12 of the Protection

Crl.M.C.4377/2010 2

of Women from Domestic Violence Act and in the

appeal an application for stay is filed, learned

Sessions Judge is expected to pass orders in the

application without delay.

4. Learned Sessions Judge, Thrissur is directed

to pass appropriate order in the application for

stay of Annexure A order in Crl.A.629/2010 without

further delay and in any case within two weeks from

the date of receipt of a copy of this order.

Petitioner is not entitled to get an order against

the police without even producing the order passed

by the learned Magistrate directing the police to

register a case or the F.I.R by which the case is

registered.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

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W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006