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2024 Supreme(Ker) 741

A. BADHARUDEEN
Sabari S. Nair, Son Of Late P. Sasidharan Nair – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala – Respondent


Advocates Appeared:
For the Petitioner: T. Ramprasad Unni, K. Ramakumar (SR.), S.M. Prasanth, Aswini Sankar R.S., Shehin S.
For the Respondents: Sri. M.P. Prasanth, Public Prosecutor, Kishore D., Meera Gopinath, R. Muraleekrishnan (Malakkara).

ORDER :

(A. Badharudeen, J.) :

This Criminal Revision Petition has been filed by the petitioner under Section 438 of the Bhartiya Nagrik Suraksha Sanhita, 2023 challenging judgment in Crl. Appeal No.99/2024dated 15.06.2024 on the files of the Additional Sessions Court, Thiruvananthapuram and order in CMP No.1536/2023 inM.C.No.11/2023 on the files of the Judicial First Class Magistrate-IV/Mobile Court, Thiruvananthapuram.

2. The parties in this revision will be referred as to their status before the trial court.

3. The summary of the case is as under:-

M.C. No.11/2023 was filed by the wife as the petitioner, seeking reliefs under the Protection of Women from Domestic Violence Act (‘DV Act’ for short hereinafter), where the revision petitioner herein got arrayed as the respondent.

4. The summary of CMP No.1536/2023 is that the respondent/revision petitioner herein is the husband of the 1st petitioner/respondent herein. The 1st petitioner, who is aggrieved by the acts of domestic violence at the instance of the respondent, had filed the M.C. Along with the M.C., she sought for an interim order and obtained an interim protection order against the respondent. The petitioner is now residing a

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