Kerala High Court
Baburaj.K vs Sheena.T
Author: P.S.Gopinathan
Bench: P.S.Gopinathan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN
MONDAY, THE 30TH DAY OF JANUARY 2012/10TH MAGHA 1933
OPCR.No. 3911 of 2011 (Q)
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CRMP.1387/2011 of ADDL. D.C. KOZHIKODE- II
PETITIONER(S):
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BABURAJ.K,
AGED 51 YEARS, S/O GOPALAN,
PARAPPALLI HOUSE, PAVANGAD,
KOZHIKODE TALUK PIN - 673 021.
BY ADV. SRI.E.NARAYANAN
RESPONDENT(S):
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1. SHEENA.T, AGED 40,
D/O BHASKARAN, PARAPPALLIL HOUSE,
PAVANGAD, KOZHIKODE TALUK PIN - 673 021.
2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI - 682 031.
R1 BY SRI.P.R.SREEJITH &
SRI.M.PROMODH KUMAR
R2 BY GOVERNMENT PLEADER SRI.RAJESH VIJAYAN.
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
30-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OPCR.No. 3911 of 2011 (Q)
APPENDIX
PETITIONERS EXHIBITS :-
EXHIBIT P1 : TRUE COPY OF THE ORDER DATED 4-6-11 IN CMP
NO.1387/11 IN CRIMINAL APPEAL NO.320/11 ON THE
FILE OF THE COURT OF SESSIONS, KOZHIKODE
DIVISION.
EXHIBIT P2 : TURE COPY OF THE PETITION CRL.M.P.NO.3176/11
DATED 15-11-11 IN CRIMINAL APPEAL NO.320/11 ON
THE FILE OF THE COURT OF SESSION, KOZHIKODE
DIVISION.
EXHIBIT P3 : TRUE COPY OF THE APPLICATION DATED 15-11-11 TO
ADVANCE THE CASE.
EXHIBIT P4 : TRUE COPY OF THE ORDER DATED 17-11-11 IN
CRL.M.P.NO.3176/11 AND CRL.M.P.NO.3175/11 FILED
IN CRIMINAL APPEAL NO.320/11 ON THE FILE OF THE
COURT OF SESSION, KOZHIKODE DIVISION.
EXHIBIT P5 : TRUE COPY OF THE ORDER DATED 18-4-11 IN
M.C.NO.12/09 ON THE FILE OF THE JUDICIAL FIRST
CLASS MAGISTRATE, KOYILANDY.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
P.A TO JUDGE
amk
P.S.GOPINATHAN, J
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O.P.(Crl.)No. 3911 OF 2011
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Dated this the 30th day of January, 2012.
J U D G M E N T
In this petition under Article 227 of the Constitution of India, the petitioner assails Ext.P4 order, whereby the appellate court ordered to release a sum of Rs.85,000/- (Rupees Eighty Five Thousand Only) deposited by the respondents in pursuance to Ext.P5 order in a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005. As against Ext.P5 order, Crl.A.No.320/2011 is pending before the Sessions Judge, Kozhikode. On a petition to stay Ext.P5 order, stay was granted by Ext.P1 order on condition of deposit of Rs.85,000/- (Rupees Eighty Five Thousand Only) and on depositing Rs.5,000/- (Rupees Five Thousand Only) each per month. By the impugned order, the amount so deposited was ordered to be released.
2. I find that this it is a discretion exercised by the appellate court to meet the educational expenses and maintenance of the children of the petitioner, who is a Bank employee. It is no O.P.(Crl.)No. 3911 OF 2011 2 way any arbitrary or illegal order. There is no compelling reason to interfere with that order in exercise of the powers vested under Article 227 of the Constitution of India. It is submitted that the appeal is almost ripe for hearing. In the above circumstance, I find that this petition can be disposed of with direction to the appellate court to dispose of the appeal within a time frame.
In the result, this petition is disposed of with direction to the Sessions Judge, Kozhikode to dispose of Crl.A.No.320/2011 at the earliest not later than six months from the date of receipt of copy of this judgment, which the petitioner shall produce before the appellate court.
Sd/-
P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge