K.K Koya vs Khamarunnissa
2022 Latest Caselaw 12586 Ker

Crl.Rev.Pet No.915/2022                            1/1

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
                          THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
             Friday, the 23rd day of December 2022 / 2nd Pousha, 1944
               CRL.M.APPL.NO.1/2022 IN CRL.REV.PET NO. 915 OF 2022
   CRL.A.NO. 528/2019 OF ADDITIONAL SESSIONS COURT (SPECIAL COURT FOR TRIAL FOR
                             MARADU CASES), KOZHIKODE.

       MC.NO. 46/2013 OF JUDICIAL FIRST CLASS            MAGISTRATE COURT,KUNNAMANGALAM.

   PETITIONER/REVISION PETITIONER:

           K.K KOYA, AGED 66 YEARS, RESIDING AT KUTTIKKATTIL HOUSE, KOVOOR,
           KOZHIKODE, PIN - 673008

   RESPONDENTS/RESPONDENTS

       1. KHAMARUNNISSA, AGED 53 YEARS, RESIDING AT MARUNNOLI MEETHAL HOUSE,
          THAVITTERIPARA, VELLIPARAMBA, KOZHIKODE, PIN - 673008
       2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA, ERNAKULAM, PIN - 682031

        Application praying that in the circumstances stated therein the
   High Court be pleased to stay the operation of the Judgment dated
   14.09.2022 of the Special Additional Sessions Court(Marad Cases),
   Kozhikode in Crl.Appeal No.528 of 2019, pending disposal of this Criminal
   Revision Petiton.
        This application coming on for orders upon perusing the application
   and upon hearing the arguments of M/s.R.SUDHISH & M.MANJU, Advocates for
   the petitioner and the PUBLIC PROSECUTOR for the 2nd respondent, the Court
   passed the following:
                                      ORDER

Admit.

Public Prosecutor takes notice for R2. Issue notice to R1.

The relief Nos.III and (IV) alone in the order passed by the Judicial First Class Magistrate Court, Kunnamangalam in M.C.No.46/2013 dated 11/11/2019 will stand stayed on condition that the petitioner deposits a sum of Rs.2,50,000/-(Rupees Two Lakh and Fifty Thousand only) before the court below. It is made clear that the stay will come into operation only from the date of deposit. On such depoist, the 1st respondent is entitlted to withdraw the same.

Sd/-

DR. KAUSER EDAPPAGATH,JUDGE

23-12-2022 /True Copy/ Assistant Registrar