IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3494 of 2009()
1. MOHANAN,S/O.PADMANABHAN NAIR,
... Petitioner
Vs
1. GEETHA P.T.,W/O.MOHANAN,
... Respondent
2. BINU,
3. STATE OF KERALA,
For Petitioner :SRI.S.MUHAMMED HANEEFF
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :30/10/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.3494 OF 2009
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Dated 30th October 2009
O R D E R
Annexure-A2 interim protection order under
Section 23 of Protection of Women from Domestic
Violence Act was passed by Judicial First Class
Magistrate, Kolencherry in C.M.P.3556(A)/2009 in
M.C.60/2009 on 1/7/2009 directing the petitioner to
pay Rs.5,000/- each to the petitioners therein who are
respondents 1 and 2 herein. Petitioner filed
C.M.P.7584(A)/2009 to modify that order. By
Annexure-A6 order petition was dismissed. Petitioner
filed Crl.A.624/2009 before Sessions court, Ernakulam
challenging Annexure-A6 order. In the appeal he filed
Crl.M.P.3315/2009 for stay of operation of further
proceedings pursuant to the order in C.M.P.7584(A)/
2009. By Annexure-A8 order learned Sessions Judge
dismissed the petition holding that petitioner did not
produce Annexure-A2 order, by which petitioner was
directed to pay the amount. This petition is filed
under Section 482 of Code of Criminal Procedure to
Crmc 3494/09
2
quash Annexure-A8 order and to direct the Sessions court
to pass fresh order on Annexure-A7 application on
merits.
2. Learned counsel appearing for the
petitioner was heard.
3. By Annexure-A8 order learned Magistrate
dismissed Crl.M.P.3315/2009 for the sole reason that
petitioner did not produce the original order passed by
the learned Magistrate in C.M.P.3356(A)/2009 on 1/7/2009.
Learned counsel appearing for the petitioner submitted
that petitioner would produce Annexure-A2 order passed by
the learned Magistrate before the Sessions court.
4. In such circumstances, Annexure-A8 order
is quashed. Learned Additional Sessions Judge, Ernakulam
is directed to pass order in Crl.M.P.3315/2009 afresh,
after hearing the petitioner on merits. Petitioner is
directed to produce Annexure-A2 order before the Sessions
court immediately. Judicial First Class Magistrate,
Kolencherry is directed not to execute Annexure-A2 order
for ten days.
Petition is disposed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.