Disposed

R.v.Shaji v. State of Kerala and Another

Kerala HC8 Mar 2010Crl.MC/787/2010

Case brief

AI extract

What is this about?

Petitioner sought direction for the Sessions Court to dispose of a pending appeal under Section 29 of the Domestic Violence Act expeditiously. The High Court directed the Sessions Judge to dispose of the appeal within one month upon service.

What did the court decide?

Directions for disposal of the pending criminal appeal within one month and refusal of interim stay on specific reliefs.

R.v.Shaji Vs State of Kerala and Another — Kerala HC (2010) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

¶4

MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931

¶5

Crl.MC.No. 787 of 2010()

¶6

---------------------------------MC.84/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD

¶7

PETITIONER/RESPONDENT NO.1:

¶8

------------------------------------------------

¶9

R.V. SAJIL, S/O. HASSAN, RAYAM MARAKKAR HOUSE, ORUMANAYOOR, THAIKADAVU, CHAVAKKAD, THRISSUR.

¶10

BY ADV. MR.M.A.KHADIRKUNJU, MR.K.H.ABDUL SAMAD (CHAVAKKAD).

¶11

RESPONDENTS/STATE & PETITIONER:

¶12

--------------------------------------------------------

¶13

1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

¶14

2. SABIRA. T.A., THERUVATH HOUSE, THOPPITHARA, KATTOOR-680 702, THRISSUR.

¶15

R1 BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR.

¶16

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

rs.

¶18

M.SASIDHARAN NAMBIAR,J.

¶19

===========================

¶20

CRL.M.C.No. 787 OF 2010

¶21

===========================

¶22

Dated this the 8^th day of March,2010

¶23

ORDER

¶24

Petitioner is the first respondent in M.C.84/2007 on the file of Judicial First Class Magistrate's Court, Chavakkad. By Annexure A1 order learned Magistrate has granted several reliefs to the second respondent, the applicant in M.C.84/2007. Petitioner filed

¶25

Crl.A.763/2009 challenging that order under section 29 of the Protection of Women from Domestic Violence Act, 2005 before Sessions Court, Thrissur. He filed Crl.M.P.4665/2009 for stay of execution of the reliefs granted.

¶26

By Annexure A3 order dated 15.10.2009 the reliefs granted under Ext.A1 except a, b and e

¶27

were stayed. This petition is filed for a direction to the Sessions Court to dispose of Crl.A.763/2009, within a time frame and also to

¶28

Crl.M.C.787/2010 2

¶29

order stay of execution of the reliefs refused by the learned Sessions Judge.

¶30

petitioner was heard.

¶31

Though learned counsel sought an order of

¶32

stay of reliefs a, b and e granted under A1, I find no reason to interfere with Annexure A4 order. Learned Sessions Judge is expected to dispose Crl.Appeal filed under section 29 expeditously. Learned Sessions Judge is therefore directed to dispose the appeal 763/2009 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this order, if second respondent has been served and if not within thirty days after service of notice.

¶33

Petition is disposed.

¶34

M.SASIDHARAN NAMBIAR JUDGE

¶35

tpl/-

¶36

M.SASIDHARAN NAMBIAR, J.

¶37

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

¶38

--------------------JUDGMENT

¶39

SEPTEMBER,2006

R.v.Shaji v. State of Kerala and Another

Case brief

What is this about?

What did the court decide?

R.v.Shaji v. State of Kerala and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Abdul Nazeer K.A. Vs the Station House Officer, Bekal Police

Shamsudheen and Another Vs State of Krala and Another

Reji Jacob Vs State of Kerala

N.P.Kuttikrishnan Nair Vs v.Aniyan, Taluk Supply Officer, Mavelikk

N.P.Kuttikrishnan Nair Vs the District Collector,Alappuzha and Anr.

Mujib Vs State of Kerala