JUDGMENT

DATED THIS THE 5TH DAY OF AUGUST, 2021 Heard the learned counsel for the petitioner as well the learned counsel for the 1st respondent.

2. This O.P. (Crl.) is filed seeking the following reliefs:

1) Call for the records in M.C., No. 9.2016 on the file of JFMC, Kuthuparampa and the records iin Criminal Appeal No. 38/2017 on the file of District and Sessions Court, Talasserry and set aside the stay order in the M.C. No. 9/2016 (Ext.P1) on condition as this honourable court thinks fit.

2) Issue a direction or order sending entire matters to the adalath of this honourable court for immediate report.

3. The petitioner is the respondent in M.C. No. 9 of 2016 on the file of the Judicial First Class Magistrate, Kuthuparamba. The 1st respondent herein has approached the learned Judicial First Class Magistrate with a petition under Section 12 of Protection of Women from Domestic Violence Act and also claiming compensation. The learned Judcial First Class Magistrate by an order dated 06.01.2017 allowed the petition in part and restrained the respondent, who is the petitioner herein, from committing domesitc violece against the 1st respondent herein. He was also restrained from alienating the property in Sy. No. 824/Pt and 820/Pt of Kelakam Village having an extent of 1.5 acres and the house situated therein bearing No.KGP VIII/327. The other claims of the petitioner therein was disallowed by the court below.

4. Deeply aggrieved by the said order, this petitioner has approached the Sessions Court and an appeal was filed as Crl.Appeal No. 38 of 2017 (Ext. P2). Now the appeal is pending before the Sessions Court, Thalassery. At this stage, this petition has been filed by the petitioner to direct the learned Sessions Judge to set aside the order in M.C. No. 9 of 2016 (Ext. P1)

5. As the appeal is pending before the learned Sessions Judge for consideration, this Court cannot pass an order as sought for by the petitioner. The learned Sessions Judge has to decide the matter after hearing both sides and dispose of the same on merits.

Therefore, this petition filed by the petitioner is without any merits and is in fact not maintainable, and hence dismissed.

Sd/-

SHIRCY V.

JUDGE

sb

APPENDIX OF OP(CRL.) 46/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF ORDER DATED 06.01.2017 IN MC NO.9/2016 EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF CRIMINAL APPEAL DATED 31.01.2017 N.38/207 EXHIBIT P3 TRUE COPY OF CORONARY ANGIOPLASTY REPORT DATED 14.12.2015 EXHIBIT P4 TRUE COPY OF DISCHARGE BILL RS.1,32,949/-

DATED 16.12.2015 EXHIBIT P5 TRUE COPY OF THE DISCHARGE SUMMARY DATED

27.01.2020 EXHIBIT P6 TRUE COPY OF CORONARY ANGIOGRAM REPORT DATED

28.01.2020 EXHIBIT P7 TRUE COPY OF DISCHARGE SUMMARY DATED

19.02.2020 EXHIBIT P8 TRUE COPY OF THE SALE DEED NO.2719/1995 EXHIBIT P9 TRUE COPY OF THE SETTLEMENT DEED NO.12/2015 DATED 31.12.2014