Disposed
Ashraf v. State of Kerala
Kerala HCCrl.MC/76/2010
Case brief
from the order text
What is this about?
HIGH COURT OF KERALA AT ERNAKULAM PRESENT :…
What the court decided
AI extract
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 Crl.MC.No. 76 of 2010() ----------------------CRA.521/2009 of ADDL.SESSIONS COURT,-I, MAVELIKKARA MC.116/2009 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM (CMP 12467/09) ....................
PETITIONER(S): APPELLANT/FIRST RESPONDENT:
-----------------------------------------------------------------------------
ASHRAF, KIZHAKKADATHU VEETTIL(KOLLANTE PADETTATHIL), CHERUVALLY MURI, KAYAMKULAM, ALAPPUZHA DISTRICT.
BY ADVS. DR.K.P.SATHEESAN, MR.K.K.GOPINATHAN NAIR, MR.M.R.JAYAPRASAD, MR.P.MOHANDAS (ERNAKULAM), MR.MATHEW SUNNY.
RESPONDENT(S): RESPONDENTS/STATE & COMPLAINANT:
-----------------------------------------------------------------------------------------
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. JASMI, PULIMOOTTIL THEKKATHIL, CHERAVALLY MURI, KAYAMKULAM, ALAPPUZHA DISTRICT.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M.SASIDHARAN NAMBIAR,J.
------------------------------------------ Crl.M.C.NO.76 OF 2010 ------------------------------------------ Dated 11th January 2010
O R D E R
Petitioner is the first appellant in Crl.A.521/2009 on the file of Additional Sessions court-I, Mavelikkara filed along with second respondent in M.C.116/2009 on the file of Judicial First Class Magistrate, Kayamkulam challenging interim relief granted under Section 23(2) of the Protection of Women from Domestic Violence
Act. Crl.M.P.1259/2009 was filed for staying the further proceedings pursuant to the order challenged which was dismissed by Annexure-II order. This petition is filed under Section 482 of Code of Criminal
Procedure to quash Annexures-I and II orders. Petition is filed as if Annexure-I
2
Crmc 76/09
order has been confirmed by the Sessions court by Annexure-II order. But by AnnexureII order, petition for stay of further proceedings, pursuant to Annexure-I order alone was dismissed and the appeal is yet to be heard and disposed by the Additional Sessions Judge.
In such circumstances, petition is disposed directing learned Additional Sessions Judge-I, Mavelikkara to dispose Crl.A.521/2009, as expeditiously as
possible, at any rate within two months from the date of receipt of copy of this order.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
Ashraf
State of Kerala
M. Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court