Prameela vs Chaithanya
2022 Latest Caselaw 3874 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                  OP(CRL.) NO. 79 OF 2022
AGAINST THE ORDERIN CRMP 1927/2021 IN CRL.A.NO.137/21 OF IV
            ADDITIONAL SESSIONS COURT, THRISSUR
ORDER IN CMP 2358/2021 IN MC 57/21 OF JUDICIAL MAGISTRATE OF
                FIRST CLASS ,WADAKKANCHERRY
PETITIONER/2ND & 4TH PETITIONERS/2ND AND 4TH RESPONDENT:

    1    PRAMEELA, AGED 54 YEARS
         WIFE OF ASHOK KUMAR, 3/561, VKC KURINJI NAGAR,
         PEROOR CHETTI PALAYAM, PEROOR POST, COIMBATORE
         DISTRICT, TAMIL NADU., PIN - 641010
    2    ASHOK KUMAR
         AGED 61 YEARS
         3/561, VKC KURINJI NAGAR, PEROOR CHETTI PALAYAM,
         PERUR POST, COIMBATORE DISTRICT, TAMIL NADU., PIN
         - 641010
         BY ADVS.
         SHIBIN K.F.
         SEBY JOSEPH


RESPONDENTS/STATE/1,3,5, PETITIONERS &
RESPONDENTS/PETITIONER & 1,3,5, RESPONDENTS:
    1     CHAITHANYA, AGED 25 YEARS
          DAUGHTER OF PRADEEP, KATTALATH PADMAPRIYA HOUSE,
          NEAR SHIVA TEMPLE, WADAKKANCHERY VILLAGE & DESOM,
          WADAKKANCHERY POST, THRISSUR DISTRICT., PIN -
          680582
 O.P.(Crl) No.79/2022

                                -:2:-

    2      HAREESH
           AGED 29 YEARS
           SON OF ASHOK KUMAR, 3/561, VKC KURINJI NAGAR,
           PEROOR CHETTI PALAYAM, PERUR POST, COIMBATORE
           DISTRICT, STATE OF TAMIL NADU., PIN - 641010
    3      HINDUJA
           AGED 25 YEARS
           DAUGHTER OF ASHOK KUMAR, 3/561, VKC KURINJI
           NAGAR, PEROOR CHETTI PALAYAM, PERUR POST,
           COIMBATORE DISTRICT, TAMIL NADU., PIN - 641010
    4      ROHAN M
           AGED 27 YEARS
           SON OF MOHAN, ASHRAYA, PALLIPPATTA, PARUTHIPRA,
           SHORNUR, SHORNUR POST PALAKKAD DISTRICT., PIN -
           679121
    5      STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
           KERALA, PIN - 682031
           BY ADV P.VENUGOPAL (1086/92)
           SMT. T.V. NEEMA, SR. PP



     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
05.04.2022,   THE      COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(Crl) No.79/2022

                                 -:3:-



                            JUDGMENT

Dated this the 5th day of April, 2022

This original petition has been filed challenging the order

passed by the IVth Additional Sessions Court,

Thiruvananthapuram in Crl.M.P.No.1927/2021 in Crl.A

No.137/2021 dated 28/1/22 confirming the order passed by the

Judicial First Class Magistrate, Wadakkanchery in CMP 2358/2021

in MC No.57/2021.

2. The petitioners herein are respondent 2 and 4 in MC

No. 57/2021. The interim order has been passed by the learned

Magistrate in an application filed under Section 23 of the

Protection of Women form Domestic Violence Act against the

petitioners herein, whereby the petitioners were restrained from

committing any domestic violence by way of physical or mental

cruelty to the 1st respondent herein for the peaceful life of the 1 st

respondent in house bearing No.3/561 at VKC Kurinji Nagar,

Peroor Chetti Palayam, Coimbatore, Tamil Nadu. Challenging the

said order, the petitioners herein preferred appeal before the IV th O.P.(Crl) No.79/2022

Additional Session Court, Thrissur. They have also moved an

application for stay as Crl.M.P.No.1927/2021 to stay the

execution of the order dated 16.8.2021 in CMP 2358/2021. After

hearing both sides, the learned Additional Sessions Judge

dismissed the said application. Challenging the said order, the

petitioners have approached this Court.

Heard both sides. On a perusal of the order of the

Additional Sessions Judge, I find no illegality or impropriety in

declining the prayer sought for. However, the learned Additional

Sessions Judge shall dispose of the appeal itself as expeditiously

as possible. With the above direction, this original petition is

dismissed.

Sd/-

                                            DR. KAUSER EDAPPAGATH
                                                    JUDGE
kp                          True copy
                                 P.A. To Judge
 O.P.(Crl) No.79/2022



                  APPENDIX OF OP(CRL.) 79/2022

PETITIONER EXHIBITS
Exhibit P1             A TRUE COPY OF THE CERTIFIED COPY OF THE

ORDER DATED 28-01-2022 OF THE HONOURABLE IVTH ADDITIONAL SESSIONS JUDGE COURT, THRISSUR IN CRL. MP NO. 1927/2021 IN CRL. APPEAL NO. 137/2021 Exhibit P2 A TRUE COPY OF THE CERTIFIED COPY OF THE ORDER DATED 16-08-2021 OF THE HONOURABLE JUDICIAL FIRST-CLASS MAGISTRATE COURT, WADAKKANCHERY IN CMP NO. 2358/2021 IN MC NO. 57/2021 Exhibit P3 A TRUE COPY OF THE MEMORANDUM OF CRIMINAL APPEAL NO. 137/2021 DATED 06- 09-2021 FILED BEFORE THE HONOURABLE SESSIONS JUDGE'S COURT, THRISSUR Exhibit P4 A TRUE COPY OF CRL. MP NO. 1927/2021 DATED 06-09-2021 Exhibit P5 A TRUE COPY OF THE OBJECTION FILED BY THE 1ST RESPONDENT HEREIN BEFORE THE HONOURABLE SESSIONS COURT, THRISSUR DATED 30-09-2021