High Court of KeralaOP(Crl.)/100/2015disposed of

Bosco v. Roshy

2015-03-25Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 25TH DAY OF MARCH 2015/4TH CHAITHRA, 1937 OP(Crl.).No. 100 of 2015 (Q) ----------------------------- (CMP.NO.1578/2015 & CMP.NO.1586/2015 IN M.C.NO.49/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, THRISSUR) ---------------- PETITIONER/1ST RESPONDENT :

------------------------------------------------- BOSCO, VADAKKAN HOUSE, NEAR PALLATH TEMPLE, ANTHIKKAD, THRISSUR.

BY ADVS.SRI.SANTHOSH P.PODUVAL SMT.R.RAJITHA SRI.K.D.SREEVISAKH RESPONDENT(S)/PETITIONER & STATE :

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

1. ROSHY, 29/24, VADAKKAN HOUSE, PALLATH TEMPLE NER, ANTHIKKAD, THRISSUR, NOW RESIDING AT CHIYARATH HOUSE, KUTTY CENTRE, THANAVEETHI, MULLASSERY, THRISSUR-680 509

2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 021 R2 BY GOVERNMENT PLEADER SRI.JIBU P. THOMAS THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 25-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

OP(CR).NO.100/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE ORDER IN M.C.NO.49/2014 DATED 14/01/2015 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.II, THRISSUR P2 COPY OF THE CMP.NO.1578/15 IN M.C.NO.49/2014 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.II, THRISSUR P3 COPY OF THE PETITION IN CMP.NO.1586/15 IN M.C.NO.49/2014 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.II, THRISSUR RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

B.KEMAL PASHA, J.

============================ O.P.(Crl) No.100 of 2015 ============================ Dated this the 25th day of March, 2015

J U D G M E N T

What is under challenge in this matter is an order passed by the Judicial First Class Magistrate's Court-II, Thrissur in M.C.No.49 of 2014 under Section 12 of the Protection of Women from Domestic Violence Act, 2005. It seems that the present petitioner herein was the 1st respondent in the matter before the court below. He was set exparte along with other respondents, and an exparte order has been passed.

2. Even though petitions have been filed before the court below under Section 25(2) of the said Act, it is doubtful whether the said applications are maintainable as the said provision deals with change of circumstances. At the same

O.P.(Crl) No.100 of 2015 time, an appeal under Section 29 of the said Act is perfectly maintainable on the said order.

When the said course is open to the petitioner, this Original Petition (Criminal) is disposed of by directing the petitioner to have recourse by way of an appeal in the matter. Sd/- B.KEMAL PASHA JUDGE DSV/25/3/15