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G. GIRISH
Titus – Appellant
Versus
State of Kerala, Represented by Public Prosecutor – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner M.R. Sarin, Advocate
For the Respondents: Public Prosecutor for R1

ORDER

Annexure A3 interim order passed by the Grama Nyayalaya, Vellanadu is under challenge in this petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

2. The Registry has noted a defect that the maintainability of this petition under Section 528 of BNSS has to be looked into since appeal is provided under Section 29 of the Protection of Women from Domestic Violence Act, 2005.

3. Heard the learned counsel for the petitioner.

4. In Vijayalekshmi Amma V.K. (Dr.) and Anr. v. Bindu V. and Others [2010(1) KHC 57], a learned Single Judge of this Court has held that the extra ordinary inherent powers of this Court under Section 482 Cr.P.C. cannot be exercised to quash the interim orders passed by Magistrates under Sections 18 to 23 of PWDV Act, since such an order is neither necessary to give effect to any order under the Code nor to prevent abuse of the process of any court or to secure the ends of justice. In Naresh Potteries (M/s.) v. M/s. Aarti Industries [2025 KHC 6001], the Hon’ble Supreme Court has reiterated the law that inherent powers of this Court under S. 482 of Cr.P.C. should be exercised sparingly and with great caution and further that inherent

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