The prayers in the above Original Petition (Crl) are as

follows:

“1.

To issue necessary direction to the JFMC, Karunagappilly to

take up Ext.P2 petition as CMP 2374/19 in CMP 1595/19 in MC

48/19 on merits within a time limit, in the interest of justice.

2.

To call for the entire records in CMP 2374/19 in CMP 1595/19

in MC 48/19 on the files of JFCM, Karunagappilly and issue

directions to consider the petition to vacate the Ext.P1 order

and pass appropriate orders on merits withing a time limit, in

the interest of justice.

3.

To grant such other reliefs as may be deemed fit and proper to

consider the objections of the petitioner, in the interest of

justice.”

2.

Heard Sri.Praveen K.Joy, learned counsel for the

petitioner and Smt.M.N.Maya, learned Prosecutor appearing

for the 1^st respondent-State. In the nature of the orders that is

proposed to be passed in this petition, notice to the 2^nd

respondent will stand dispensed with.

3.

This Court had requested the Registry to ascertain

from the Judicial First Class Magistrate's Court,

Karunagappilly, as to the present stage of Ext.P-2

C.M.P.No.2374/2019

in

C.M.P.No.1595/2019

in

::3::

M.C.No.48/2019 and also about the stage of present main

matter in M.C.No.48/2019.

4.

The Registry has now informed by the said

Magistrate court concerned that the main matter in

M.C.No.48/2019 filed by the 2^nd

respondent herein

(Suprabha) and her minor son is pending and the last posting

was on 25.10.2019, which was adjourned to 10.1.2020 for

mediation.

Further that interim application as

C.M.P.No.2374/2019

has

also

been

filed

in

C.M.P.No.1595/2019 for modifying the order in

C.M.P.No.1595/2019 and the said C.M.P.2374/2019 is posted

for objection of the parties and both the C.M.Ps are pending.

5.

Taking into consideration the abovesaid aspects, it

is ordered in the interest of justice that the Judicial First Class

Magistrate Court, Karunagappilly will take up the matter in

Ext.P-2 C.M.P.No.2374/2019 in C.M.P.No.1595/2019 in

M.C.No.48/2019 for consideration without any further delay

and after affording reasonable opportunity to both sides will

pass orders on the said C.M.P.No.2374/2019 without much

::4::

delay, preferably within a period of 3-4 weeks from the date of

production of a certified copy of this judgment.

The Registry will forward a copy of this judgment to the

court below concerned for necessary information at the cost of

the petitioner.

With these observations and directions, the above

Original Petition (Criminal) will stand finally disposed of.

Sd/-

ALEXANDER THOMAS,

Judge.

bkn/-

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1

THE TRUE COPY OF THE ORDER DATED 17.07.2019

IN CMP 1595/2019 IN MC 48/2019 OF JFCM,

KARUNAGAPPILLY.

EXHIBIT P2

THE TRUE COPY OF THE CMP 2374/2019 IN CMP

1595/2019 IN MC 48/2019 OF JFCM,

KARUNAGAPPILLY.