Sabitha vs Hussain

Type Court Judgment Court Kerala Decided Mar 10, 2023

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https://sooperkanoon.com/case/1363297

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Citation: sooperkanoon.com/1363297
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Mar 10, 2023
Case Number: OP(Crl.)/595/2017

Parties & Advocates

Appellant / Petitioner

Sabitha

Respondent

Hussain

Excerpt

.....road, karichal kadavu, malappuram-679562. 3 subaitha aged 43, w/o.kunjumon, pallithazhathu house, veliyamkodu, pazhanji, marancheri via, malappuram-679579. 4 state of kerala represented by the public prosecutor, high court of kerala, ernakulam-682031. by advs. sri.r.bindu (sasthamangalam) public prosecutor sr.pp smt.s rekha this op (criminal) having come up for admission on 10.03.2023, the court on the same day delivered the following: ..2..judgmentdated this the 10th day of march, 2023 this original petition has been filed challenging ext.p5order passed by the judicial first class magistrate court,kunnamkulam, under section 12 of the protection of women from domestic violence act.2. ext.p2 order is appealable. hence, this originalpetition invoking article 227 of the constitution of india is not maintainable. accordingly, this original petition is dismissed. sd/- dr. kauser edappagath judge apa ..3.. appendix of op(crl.) 595/2017 petitioner's exhibits exhibit p1- true copy of the order dtd.03/06/2014 in m.c.no.4/2014 of the learned judicial first exhibit p2- true copy of the petition filed by the petitioner before the learned judicial first exhibit p3- true copy of the application filed by the petitioner as m.p.no.8477/2015 of the learned judicial first class magistrate court, kunnamkulam. exhibit p4- true copy of the proceedings of the learned judicial first class magistrate court, kunnamkulam. exhibit p5- true copy of the order dtd.02/06/2017 in mc.no.4/2014 of the judicial first class magistrate court, kunnamkulam.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 10TH DAY OF MARCH 2023 / 19TH PHALGUNA, 1944 OP(CRL.) NO. 595 OF 2017 AGAINST THE ORDER/JUDGMENT IN MC 4/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KUNNAMKULAM PETITIONER/PETITIONER: SABITHA W/O.ABDUL RAZAK, VADAKKEKAD DESOM, KOCHANNUR, MALAPPURAM. BY ADV SRI.RAJIT RESPONDENTS/ RESPONDENTS: 1 HUSSAIN AGED 39, S/O.MOIDUNNI, PENGAMUKKU DESOM-680301. 2 HASEENA AGED 36, W/O.KUNJUMON, THARAYIL HOUSE, KOCHANNUR P.O., KARICHAL ROAD, KARICHAL KADAVU, MALAPPURAM-679562. 3 SUBAITHA AGED 43, W/O.KUNJUMON, PALLITHAZHATHU HOUSE, VELIYAMKODU, PAZHANJI, MARANCHERI VIA, MALAPPURAM-679579. 4 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. BY ADVS. SRI.R.BINDU (SASTHAMANGALAM) PUBLIC PROSECUTOR SR.PP SMT.S REKHA THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 10.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..

JUDGMENT

Dated this the 10th day of March, 2023 This original petition has been filed challenging Ext.P5

order passed by the Judicial First Class Magistrate Court,

Kunnamkulam, under Section 12 of the Protection of Women from Domestic Violence Act.

2. Ext.P2 order is appealable. Hence, this original

petition invoking Article 227 of the Constitution of India is not maintainable. Accordingly, this original petition is dismissed. Sd/- DR. KAUSER EDAPPAGATH JUDGE APA ..3.. APPENDIX OF OP(CRL.) 595/2017 PETITIONER'S EXHIBITS EXHIBIT P1- TRUE COPY OF THE ORDER DTD.03/06/2014 IN M.C.NO.4/2014 OF THE LEARNED JUDICIAL FIRST EXHIBIT P2- TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE LEARNED JUDICIAL FIRST EXHIBIT P3- TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER AS M.P.NO.8477/2015 OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM. EXHIBIT P4- TRUE COPY OF THE PROCEEDINGS OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM. EXHIBIT P5- TRUE COPY OF THE ORDER DTD.02/06/2017 IN MC.NO.4/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM.

Same Court & Year Kerala · 2023 Same Parties Sabitha vs Hussain Same Judge Honourable Dr. Justice Kauser Edappagath