This Criminal M.C is filed seeking invocation of this Court's power conferred under section 482 of Cr.P.C., praying to set aside Annexure 2 Order passed by Judicial First Class Magistrate Court, Koyilandy, on C.M.P. No.10024/2014 in M.C. No.61/2014. The above said M.C. (Maintenance Case proceedings) arise out of a claim filed under the Protection of Women from Domestic Violence Act, 2005.
2. The petitioner submits that Annexure 2 Order is an ad-interim ex-parte order. The petitioner's counsel contends that it is not appealable and therefore, it can be amenable to a challenge by virtue of the powers conferred on this Court under section 482 of the Code of Criminal Procedure. Even according to the case projected by the Crl.M.C. No. 5883/2014 -2-
petitioner, the impugned Annexure 2 Order is an ad-interim ex-parte order and therefore the court below is empowered to vary the same on an appropriate application being laid by the aggrieved party in the petition.
3. Accordingly, it is ordered that it is for the petitioner to make appropriate application for variation of the impugned Annexure 2 Order, which is said to be an ad- interim exparte order. If that be so, if such an application is filed, the court below shall consider the same and pass appropriate orders without any further delay. It is made clear that this Court has not expressed any merit in the matter or on the correctness of the facts and submissions of the petitioner.
Accordingly, this Criminal M.C. is disposed.
Sd/- ALEXANDER THOMAS, JUDGE //True Copy// P.A. To Judge jjj