Kerala High Court
Aali vs Subaida on 24 October, 2024
2024:KER:79363
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
CRL.REV.PET NO. 874 OF 2024
AGAINST THE JUDGMENT DATED 07.06.2024 IN CRL.A. NO.23 OF 2024 OF DISTRICT
COURT & SESSIONS COURT, PALAKKAD ARISING OUT OF THE JUDGMENT DATED
03.02.2024 IN C.M.P. NO.41/2024 IN M.C. NO.105 OF 2019 OF JUDICIAL
MAGISTRATE OF FIRST CLASS, PATTAMBI
REVISION PETITIONER/1ST RESPONDENT/RESPONDENT:
AALI
AGED 71 YEARS
S/O. HYDROSE, PUTHENPEEDIKAKKAL HOUSE, NADARAMBU,
PALLIPPURAM, PARUTHUR, PATTAMBI TALUK, PALAKKAD DISTRICT,
PIN - 679305
BY ADVS.
SANTHEEP ANKARATH
VARNA MANOJ
RESPONDENTS/APPELLANT & 2ND RESPONDENT/PETITIONER & STATE:
1 SUBAIDA
D/O. MOIDEEN KUTTY, CHAKKALI PARAMBIL HOUSE,
THIRUNAVAYA POST, KUTTIPPURAM, MALAPPURAM DISTRICT,
PIN - 676301
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, KOCHI, PIN - 682031
BY ADV V.A.JOHNSON (VARIKKAPPALLIL) V A
SR PP - RENJIT GEORGE
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
24.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Crl.R.P. No. 874 of 2024
2
ORDER
Dated this the 24th day of Obtober, 2024
This Criminal Revision Petition has been filed
under Sections 438 and 442 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, challenging the judgment dated
07.06.2024 in Crl.Appeal No.23/2024 on the files of the
Sessions Court, Palakkad arose out of the common order
dated 03.02.2024 in C.M.P. Nos.41 and 86 of 2024 in M.C.
No.105/2019 on the files of the Judicial First Class
Magistrate Court, Pattambi. The revision petitioner herein
is the respondent and the 1st respondent herein is the
petitioner in the above M.C.
2. Heard the learned counsel for the revision
petitioner, the learned counsel appearing for the 1st
respondent and the learned Public Prosecutor, in detail.
Perused the impugned orders and relevant materials
available.
3. As per the order dated 03.02.2024 in C.M.P.
Nos.41 and 86 of 2024 in M.C. No.105/2019, the trial
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court passed a common order, whereby order passing
interim maintenance has been set aside and petition to
struck off the defence evidence of the respondent/revision
petitioner herein was dismissed. Against which the
petitioner/1st respondent herein preferred an appeal. As
per the judgment dated 07.06.2024, the learned
Appellate Judge allowed the appeal and remitted back the
matter to the Magistrate court to consider the matter
afresh.
4. At the time of hearing, it is conceded by both
sides that, M.C. of the year 2019 has been pending and
the entire dispute can be settled by disposal of the M.C,
after adducing evidence. Therefore, I am of the view that
granting interim maintenance at the rate of Rs.2,000/-
(Rupees Two Thousand Only) per month to the 1 st
respondent herein, this revision petition can be disposed
of.
5. Therefore, the revision petitioner is directed to
pay interim maintenance to the 1st respondent herein at the
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rate of Rs.2,000/- (Rupees Two Thousand Only) per month
till the disposal of M.C. The learned Magistrate is directed
to dispose of the M.C. within a time frame, at any rate,
within a period of six months from the date of receipt of
copy of this order. Accordingly, this Criminal Revision
Petition stands disposed of as indicated above and the
impugned orders stand interfered to the above extent.
Registry is directed to forward a copy of this
order to the trial court, within three days, for information
and further steps.
Sd/-
A. BADHARUDEEN
JUDGE
SK
