Kerala High Court
N.V.Mathew vs Elsamma Jacob on 5 August, 2021
O.P.(Crl.). 46/2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
OP(CRL.) NO. 46 OF 2021
MC 9/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KUTHUPARAMBA
PETITIONER/S:
N.V.MATHEW, AGED 65 YEARS
S/O. VARGHESE, NAGATHINKAL HOUSE, CHETTIAMPARAMBA
P.O., POYYAMALA, KELAKOM, KANNUR DISTRICT
BY ADVS.
PRAFIN JOSEPH ZACHARIA
SRI.JOSEKUTTY MATHEW
SMT.PRASEENA ELIZABETH JOSEPH
RESPONDENTS:
1 ELSAMMA JACOB
W/O. N.V.MATHEW, NAGATHINKAL HOUSE, CHETTIAMPARAMBA
P.O., POYYAMALA, KELAKOM, KANNUR DISTRICT,PIN-670 674
2 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA,PIN-682 031
BY ADV CIBI THOMAS
OTHER PRESENT:
P.G.MANU- SR.P.P
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl.). 46/2021
2
JUDGMENT
DATED THIS THE 5TH DAY OF AUGUST, 2021
Heard the learned counsel for the
petitioner as well the learned counsel for the 1 st
respondent.
2. This O.P. (Crl.) is filed seeking the
following reliefs:
1) Call for the records in M.C., No. 9.2016 on
the file of JFMC, Kuthuparampa and the records
iin Criminal Appeal No. 38/2017 on the file of
District and Sessions Court, Talasserry and set
aside the stay order in the M.C. No. 9/2016
(Ext.P1) on condition as this honourable court
thinks fit.
2) Issue a direction or order sending entire
matters to the adalath of this honourable court
for immediate report.
3. The petitioner is the respondent in
M.C. No. 9 of 2016 on the file of the Judicial
First Class Magistrate, Kuthuparamba. The 1st
O.P.(Crl.). 46/2021
respondent herein has approached the learned
Judicial First Class Magistrate with a petition
under Section 12 of Protection of Women from
Domestic Violence Act and also claiming
compensation. The learned Judcial First Class
Magistrate by an order dated 06.01.2017 allowed the
petition in part and restrained the respondent, who
is the petitioner herein, from committing domesitc
violece against the 1st respondent herein. He was
also restrained from alienating the property in Sy.
No. 824/Pt and 820/Pt of Kelakam Village having an
extent of 1.5 acres and the house situated therein
bearing No.KGP VIII/327. The other claims of the
petitioner therein was disallowed by the court
below.
4. Deeply aggrieved by the said order,
this petitioner has approached the Sessions Court
and an appeal was filed as Crl.Appeal No. 38 of
2017 (Ext. P2). Now the appeal is pending before
the Sessions Court, Thalassery. At this stage, this
petition has been filed by the petitioner to direct
O.P.(Crl.). 46/2021
the learned Sessions Judge to set aside the order
in M.C. No. 9 of 2016 (Ext. P1)
5. As the appeal is pending before the
learned Sessions Judge for consideration, this
Court cannot pass an order as sought for by the
petitioner. The learned Sessions Judge has to
decide the matter after hearing both sides and
dispose of the same on merits.
Therefore, this petition filed by the
petitioner is without any merits and is in fact not
maintainable, and hence dismissed.
Sd/-
SHIRCY V.
JUDGE
sb
O.P.(Crl.). 46/2021
APPENDIX OF OP(CRL.) 46/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF ORDER DATED 06.01.2017 IN MC
NO.9/2016
EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF CRIMINAL
APPEAL DATED 31.01.2017 N.38/207
EXHIBIT P3 TRUE COPY OF CORONARY ANGIOPLASTY REPORT
DATED 14.12.2015
EXHIBIT P4 TRUE COPY OF DISCHARGE BILL RS.1,32,949/-
DATED 16.12.2015
EXHIBIT P5 TRUE COPY OF THE DISCHARGE SUMMARY DATED
27.01.2020
EXHIBIT P6 TRUE COPY OF CORONARY ANGIOGRAM REPORT DATED
28.01.2020
EXHIBIT P7 TRUE COPY OF DISCHARGE SUMMARY DATED
19.02.2020
EXHIBIT P8 TRUE COPY OF THE SALE DEED NO.2719/1995
EXHIBIT P9 TRUE COPY OF THE SETTLEMENT DEED NO.12/2015
DATED 31.12.2014
