SUBAIR. K v. ASMA

BY ADV. MR.SURESH KUMAR KODOTH RESPONDENT/COMPLAINANT/STATE: ------------------------------------------------------

ASMA, AGED 34 YEARS, RESIDING AT PAZHAYAKADAPPURAM, KANHANGAD SOUTH P.O., HOSDURG TALUK, KASARAGOD DISTRICT.

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2523 OF 2009 ------------------------------------------ Dated 7th August 2009

O R D E R This petition is filed under Section 482 of Code of Criminal Procedure for a direction to Sessions Judge, Kasargod to dispose Annexure-2 Crl.A.1/2009 within a time frame and for a further direction to the Magistrate, Hosdurg to keep in abeyance the enforcement of Annexure-1 order which is challenged in Crl.A.1/2009.

2. Learned counsel appearing for petitioner was heard.

When Annexure-1 order was sought to be executed under Section 31 of Protection of Women from Domestic Violence Act, 2005 petitioner approached this court by filing W.P.C.13606/2009. Under Annexure-4 judgment, this court found that the order cannot be enforced as provided under Section 31 of the Act but is to be executed like an order passed under Section 125 of Code of Criminal Procedure, in view of Section 28 of the Act. Question whether Annexure-1 order is to CRMC 2523/09 2 be suspended or not during the pendency of the appeal is to be decided in Crl.A.1/2009 pending before the Sessions court. When an appeal is pending whether the order is to be allowed to be enforced or not is to be decided by the Sessions court. Petitioner had sought as order of stay of execution of that order. Learned Sessions Judge granted an order of stay also but on conditions. Without fulfilling the conditions, petitioner is not entitled to seek an order from this court to keep the order in abeyance till the disposal of Crl.A.1/2009, especially when the order passed by the learned Sessions Judge is not challenged. As the grievance of the petitioner is that the appeal is not being disposed, Sessions Judge, Kasargod is directed to dispose the appeal as expeditiously as possible, at any rate, within two months from the date of receipt of this order. It is made clear that if the petitioner fulfills the conditions imposed by the learned Sessions Judge he is entitled to get an order of stay during the pendency of the appeal. Petition is disposed. uj. M.SASIDHARAN NAMBIAR, JUDGE.