The High Court disposed of a bail application under Section 482 CrPC, directing the trial court to decide a pending petition challenging an ex-parte DV order within six weeks and maintaining status quo.
Directive to the trial court to dispose of the petition within six weeks and maintenance of status quo.
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. P.S.GOPINATHAN
MONDAY, THE 9TH DAY OF APRIL 2012/20TH CHAITHRA 1934
Crl.MC.No. 527 of 2012 ()
CMP.NO.5841/2011 IN MC.71/2011 of J.M.F.C.,ALATHUR
PETITIONER(S)/ACCUSED:
ABDUL RAHIMAN AGED 70 YEARS, S/O.PARIYAKUTTY KOMATHUPARAMBIL HOUSE, VAVULLIYAPURAM, AMSOM DESOM ALATHUR TALUK.
BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN
COMPLAINANT(S)/COMPLAINANT AND STATE:
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-04-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
amk
P.S.GOPINATHAN, J
---------------------------Crl.M.C.No. 527 OF 2012
-------------------------Dated this the 9th day of April, 2012.
O R D E R
In this petition under Section 482 of the
Code of Criminal Procedure, the petitioner, who is the 2nd respondent in Crl.M.C.No.5841/2011 in M.C.No.71/2011
on the file of the Judicial Magistrate of the First Class,
Alathur, assails Annexure A3 interim order.
was passed under Section 23 of the Protection of Women from Domestic Violence Act. It is an exparte order. Seeking an order to set aside the exparte order, the petitioner has preferred Annexure A6 petition before the trial court. But the grievance is that the trial court is not disposing the petition. In the above circumstance, I find
that this petition can be disposed of with direction to the
Crl.M.C.No. 527 OF 2012 2
trial court to dispose of Annexure A6 within a time frame.
In the result, this petition is disposed of directing the Judicial Magistrate of the First Class, Alathur to dispose of Annexure A6 petition as expeditiously as possible, at any rate,within six weeks from the date of receipt of a copy of this order which the petitioner shall produce before the trial court. Till then the parties are directed to maintain the status quo.
P.S.GOPINATHAN, JUDGE
amk
3 issues framed by the court
Whether the High Court has the power under Section 482 CrPC to dispose of a petition seeking to set aside an ex-parte order due to the trial court's inaction.
Whether the trial court should be directed to dispose of a pending petition expeditiously.
Whether the status quo ante must be maintained during the pendency of the disposal process.
2 provisions across 2 enactments
ABDUL RAHIMAN
STATE OF KERALA
ZEENATH
SANIYA
P.S.GOPINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
