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2019 Supreme(Online)(KER) 3416

NIRMALA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['V C RAJESH', '', 'SRI K J GLADIS', 'SRI N G SUNIL', 'SMT P JAYA']

The prayer in the above captioned Crl.M.C seeks filed

under Section 482 of Code of Criminal Procedure to quash the

impugned Annxure-D order dated 23.02.2019 rendered by the

Judicial First Class Magistrate Court, Thripunithura in

M.C.No.20/2018 whereby the plea of the petitioner (application for

M.C.), for opportunity to adduce the petitioner's evidence by

submission of proof affidavit has been denied on the ground that

there is no provision in the Protection of Women from Domestic

Violence Act, 2005 (PWDV) for taking referred to said the

procedure.

2.

Heard Shri.V.C.Rajesh, the learned counsel appearing

for the petitioner and Shri.Saigi Jacob Palatty, the learned Public

Prosecutor appearing for the first respondent State and

Shri.N.G.Sunil, the learned counsel appearing for contesting

respondents 2 and 3.

3.

The petitioner has filed an application as

M.C.No.20/2018 before the Judicial First Class Magistrate Court,

Thripunithura under the provisions of Sec.12 of the Protection of

Women from Domestic Violence Act, 2005, seeking various reliefs

under sections 18, 20, 22 and 23 of the above said Act (DV Act).

4.

The respondents 2 and 3 herein are the respo

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