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.
———————
W.P.(C).NO. /06
———————
JUDGMENT
SEPTEMBER,2006