Selin Baby v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937 Crl.MC.No. 3768 of 2015 () --------------------------- CRIMINAL M.P. 2412/2015 IN CMP 178/15 IN CMP 7218/14 BEFORE THE COURT OF CHIEF JUDICIAL MAGISTRATE ERNAKULAM ------------ PETITIONER/PETITIONER :

------------------------------------ SELIN BABY, W/O. BABY MATHEW, AGED 63 YEARS, KAVALAM THARAYIL, ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT/STATE AND RESPONDENTS :

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682012.

2. SABU S/O. BABY, AGED 38 YEARS, KAVALAM THARAYIL, ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT - 682020

3. SIJI, W/O. SABU, AGED 30 YEARS, KAVALA THARAYIL , ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT - 682020 R1 BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

Crl.MC.No. 3768 of 2015 () APPENDIX PETITIONER'S ANNEXURES ANNEXURE 1: COPY OF THE ORDER IN CMP 4844/2013 OF THE JFCM 2 ERNAKULAM. ANNEXURE 2: COPY OF THE ORDER IN CRIMINAL APPEAL 299/2014 OF THE 5TH ADDITIONAL SESSIONS JUDGE ERNAKULAM.

ANNEXURE 3: COPY OF THE ORDER IN CMP 178/2015 IN CMP 7218/2014 OF THE CJM - ERNAKULAM ANNEXURE 4: COPY OF THE PROCEEDINGS IN CRIMINAL APPEAL 82/2015 DT 18TH MARCH AND 1ST APRIL 2015.

ANNEXURE 5: COPY OF THE APPLICATION FOR EXECUTION-CRIMINAL MP 2412/2015 BEFORE THE COURT OF CHIEF JUDICIAL MAGISTRATE ERNAKULAM RESPONDENT'S ANNEXURES :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

K.ABRAHAM MATHEW J.

-------------------------------------------- Crl.M.C. No.3768 OF 2015 ----------------------------------------------- Dated this the 23rd day of June, 2015

ORDER

Petition filed under Section 482 Cr.P.C.

The petitioner has obtained an order in her favour in a proceedings under Section 12 of the Protection of Women from Domestic Violence Act. The order has been challenged by the party respondents in Crl.A.No.82 of 2015. Execution of the order was initially stayed. But now the stay is not in force. The petition filed by the petitioner for execution (Annexure-5) has not been disposed of by the learned Magistrate. The only prayer is to direct the learned Magistrate to dispose of the matter immediately. The request of the petitioner appears to be reasonable especially in view of the fact that she is 63 years old. The learned Magistrate is directed to pass appropriate orders in Crl.M.P.No.2412 of 2015 without delay. With the above observation this Crl.M.C is disposed of. Sd/- K.ABRAHAM MATHEW JUDGE cms /True copy/ P.S.to Judge H/o.