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2026 Supreme(Online)(Ker) 25387

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. Pratheep Kumar, J
Vijayamma Sabu @ Rema – Appellant
Versus
Mohanan P. G. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.ENOCH DAVID SIMON JOEL, SRI.S.SREEDEV, SRI.RONY JOSE, SHRI.LEO LUKOSE, SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY, SHRI.DERICK MATHAI SAJI, SHRI.KARAN SCARIA ABRAHAM, SHRI.RINOY INNOCENT, SHRI.AADITHYA S.R.
For the Respondents: SR. PP. SRI.BREEZ.M.S

JUDGMENT

Dated this the 30thday of March, 2026 The petitioner in M.C.No.51/2022 on the file of Judicial First Class Magistrate Court, Tripunithura, filed this OP(Crl) under Article 227 of theConstitution of Indiabeing aggrieved by Ext.P7 order dated 24.02.2026 of the learned Magistrate,by which, the learned Magistrate directed him to pay a cost of Rs.1500/- each to three witnesses. 2. The above M.C. is filed by the petitioner underSection 12of theProtection of Women from Domestic Violence Act. In the above case the petitioner’s evidence was already over and the respondent filed a witness list containing four witnesses. At that time, the petitioner herein filed Ext.P6 application praying for deferring the cross examination of all the summoned witnesses until the examination in chief of all the summoned witnesses are recorded. His grievance is that without disposing of Ext.P6, the learned Magistrate insisted for payment of cost as the petitioner was not ready to examine the witnesses on the date of appearance. 3. The petitioner filed Ext.P6 underSection 254of BNSS which prima facie appears during the evidence for the prosecution. However, I am not going into the merits of Ext.P6, at

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