IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 782 of 2010()
1. NOUSHAD @ MOHAMMED NOUSHAD,
... Petitioner
Vs
1. K.P.SAIFUNEESA, AGED 19 YEARS,
... Respondent
2. NISHAD, VAZHAVALAPPU, ORALA, KOTTODY PO,
3. SHOUKATH,VAZHAVALAPPU, ORALA, KOTTODY PO
4. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.M.RAMESH CHANDER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :30/03/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.782 OF 2010
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Dated 30th March 2010
O R D E R
Petitioner is the first respondent
in M.C.61/2009 on the file of Judicial
First Class Magistrate-I, Hosdurg initiated
under Section 12 of Protection of Women
from Domestic Violence Act, on a petition
filed by the first respondent. Annexure-I
is the petition filed before the District
Protection Officer, based on which learned
Magistrate issued notice to the petitioner
herein. By Annexure-IV order first
respondent was permitted to amend the main
petition incorporating a claim for Rs.Five
Lakhs. Petition is filed under Section 482
of Code of Criminal Procedure to quash
Annexure-I petition and Annexure-IV order.
Crmc 782/10 2
2. Learned counsel appearing for the
petitioner was heard.
3. Question whether claim of the
first respondent would lie as against the
petitioner is a question to be considered by
the learned Magistrate on Annexure-I
complaint. Petitioner is entitled to raise all
the contentions before the learned Magistrate.
By Annexure-IV order learned Magistrate has
only permitted first respondent to amend the
petition incorporating a relief of compensation
of Rs.Five Lakhs. I find no reason to interfere
with Annexure-IV order.
Granting liberty to the petitioner to
raise all the contentions before the learned
Magistrate, petition is dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.