IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Friday, the 27th day of May 2022 / 6th Jyaishta, 1944
CRL.RC NO. 3 OF 2022
MC NO.5/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT 1, ATTINGAL & CRL.APPEAL
NO.102/2018 OF ADDITIONAL SESSION JUDGE II, THIRUVANANTHAPURAM
SUO MOTU PROCEEDINGS ON THE BASIS OF THE COMMON ORDER DATED
20/05/2022 IN OP(FC) 594 OF 2021, TR.P(CIVIL) NO.272/2021 AND WP (C)
NO.27068 OF 2019. TO REVISE THE ORDER PASSED BY THE JUDGMENT IN
CRL.APPEAL NO.102 OF 2018 BY THE ADDITIONAL SESSIONS JUDGE II,
THRIRUVANANTHAPURAM.
COMPLAINANTS/COMPLAINANT/ACCUSED:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA.
2. SHAMNA, W/O SHAFI AZEEZ, AGED 30 YEARS, SHAFI MANZIL, MARUTHUMMOODU,
ULIYAZHTHURA VILLAGE, PANTHALACODE P.O, THIRUVANANTHAPURAM TALUK.
PIN 695028.
3. NASEEMA BEEVI, AGED 72 YEARS, D/O PATHUMMA, SHAFI MANZIL,
MARUTHUMMOODU, ULIYAZHTHURA VILLAGE, PANTHALACODE P.O,
THIRUVANANTHAPURAM TALUK PIN-695028.
This Criminal revision case coming on for orders upon perusing the
suo motu and the Public Prosecutor for 1ST respondent, the court passed
the following.
A.MUHAMED MUSTAQUE & SOPHY THOMAS, JJ.
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Crl. Rev.(C) No.3/2022
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O R D E R
Dated this the 27th day of May, 2022 A.Muhamed Mustaque, J.
We appoint Adv.Mariyam G.Tharakan as the counsel for the revision petitioners in the light of the fact that she is appearing in a connected matter.
Issue notice to the respondents. We note that in the light of the judgment of the Apex Court in Hiral P. Harsora and Others v. Kusum Narottamdas Harsora and Others [(2016) 10 SCC 165], a woman can also be a respondent in the proceedings under the Protection of Women from Domestic Violence Act, 2005. However, taking note of the facts and circumstances of this case, we need to protect the petitioners' right to reside in the residential Crl Rev.(C) No.3/2022 -:2:- building. Accordingly, we stay all further proceedings pursuant to the impugned orders.
Post on 31/5/2022 along with connected matters.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE Sd/-
SOPHY THOMAS, JUDGE ms 27-05-2022 /True Copy/ Assistant Registrar