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2024 Supreme(Ker) 610

P. G. AJITHKUMAR
Omana Somanadhan, W/o. Somanadhan – Appellant
Versus
Deepu Soman – Respondent


Advocates:
Advocate Appeared:
For the Appellant : GEORGE SEBASTIAN, RAJESH RAJAN
For the Respondent: R SURENDRAN, SMT. SHEEBA THOMAS, PUBLIC PROSECUTOR

ORDER :

P.G. AJITHKUMAR, J.

In this revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (Code), the petitioner challenges the judgment in Crl.A.197 of 2023 on the files of the Sessions Court, Thalassery. In the appeal, order of the Judicial Magistrate of the First Class,, Koothuparamba granting a residence order in favour of the petitioner was set aside. However, the respondents No.1 to 3 were directed to provide an alternative accommodation to the petitioner.

2. Heard the learned counsel for the petitioner, the learned counsel for respondents No.1 to 3 and the learned Public Prosecutor.

3. The petitioner filed M.C.No.43 of 2022 invoking the provisions of Section 12 of the PWDV Act with the following contentions:

The petitioner had been residing in the building in question along with her husband and respondent Nos.1 and 2. Her husband expired. She continued her residence there. That building and the property appurtenant thereto were purchased using the sale proceeds obtained by sale of residential property of her husband. On the assurance by respondents No.1 and 2, who are the petitioner’s son and daughter-in-law, to protect and mainta

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