IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN MONDAY,THE10H DAY OF FEBRUARY201421ST MAGHA, 1935 OP(Crl.).No. 21 of 2014 (Q) ---------------------------- CMP NO. 4513/2010 IN MC642010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOLLAM ------------------------- PETITIONER : -------------------- MINIKUMARI, W/O. K.R.SAJGAYAN, AGED34YEARS KRISHNA BHAVAN, KOTTIYAM P.O. THAZHUTHALA, KOLLAM. BY ADVS.SRI.C.RAJENDRAN SRI.K.R.RANJITH SMT.R.S.SREEVIDYA RESPONDENT : ---------------------------- K.R.SAJGAYAN AMRITHALAYAM, VALLIKUNNAM P.O., KAMPISSERY VADKKUMUKKU, ALAPUZHA-690501. THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON1002-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- OP(Crl.).No. 21 of 2014 (Q) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS : ------------------------------------- EXHIBIT P1- THE TRUE PHOTOSTAT COPY OF THE ORDER
DATED2407-2010 IN C.M.P.NO. 4513/2010 IN MC6410 OF THE JFCM-II, KOLLAM. EXHIBIT P2- THE TRUE PHOTOSTAT COPY OF THE ORDER
DATED2409-2011 IN C.M.P.4512/2010 IN MC NO. 64/10 OF THE JFCM-II, KOLLAM. EXHIBIT P3- THE TRUE PHOTOSTAT COPY OF THE WARRANT OF ARREST ISSUED AGAINST THE RESPONDENT DT. 23-02-2013. EXHIBIT P4- THE TRUE PHOTOCOPY OF THE NOTICE SHOWING THE DETAILS OF RESPONDENTS BUSINESS. EXHIBIT P5- THE TRUE PHOTOCOPY OF THE LOCATION DETAILS FROM THE WEBSITE OF THE RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn K. RAMAKRISHNAN, J.
................................................. O.P.(Crl.)No.21 of 2014 .................................................. Dated this the 10th day of February, 2014. JUDGMENT
This is petition is filed by the petitioner to issue a direction to the court below to expedite the execution petition filed by her under Section 482 of the Code of Criminal Procedure.
2. It is alleged in the petition that the petitioner herein is the petitioner in C.M.P.Nos.1703/12, 4513/10 and 4512/10 in MC.64/10 on the files of the Judicial First Class Magistrate Court-II, Kollam. The respondent in those petitions and in the present petition is her husband. It is alleged in the petition that since the petitioner suffered harassment at the hands of the respondent and the respondent deserted her and minor children, she filed MC.No.64/10 seeking reliefs under the provisions of the Protection of Women from Domestic Violence Act, 2005 and the learned Magistrate has allowed that application ordering maintenance to the petitioner. Thereafter, the petitioner filed C.MP.No.1703/12 and in the said petition, the learned Magistrate issued warrant of arrest (bailable) and it was given to the petitioner and she produced the same before the police station for executing the same and the case was posted to 26.4.2013. Thereafter, the case was not called and, according to the O.P.(Crl.)No.21 of 2014 2 petitioner, the case was not posted as the file is missing from the court. There is inaction on the part of the police authority to take necessary action under law to arrest the respondent and produce him before the Magistrate court. So, she filed this application seeking the following relief: i. to give a direction to the Judicial First Class Magistrate Court-II, Kollam to take coercive steps against the respondent in CMP.No.1703/2012 and CMP.No.4513/2010 & CMP.No.4512/2010 in MC.No.64/2010 and to dispose of the case within a time frame fixed by this Hon'ble Court. ii. to grant such other reliefs this Hon'ble court may deem fit and proper to grant in the facts and circumstances of the case.
3. On the basis of the allegations in the petition, a report was called for from the concerned Magistrate court and the learned Magistrate has submitted a report, which reads as follows: "M.C.No.64/2010 was on the file of this court and the same was disposed of on 24.9.2011. Thereafter the petitioner filed Crl.M.P.No.1703/2012 for executing the order. Notice was issued to the respondent. Respondent appeared before court and seeking time for counter. But the respondent failed to file counter, therefore the court ordered to pay the entire arrears of maintenance within one month from 22.12.2012 and posted to 21.1.2013. On 21.1.2013 respondent absent and there was no representation for him, therefore, Bailable Warrant issued to the respondent. On 26.4.2013 petitioner present, respondent absent represented and paid Rs.5,000/- for the payment of entire arrears and directed to produce the respondent and posted to 17.5.2013. I was on maternity O.P.(Crl.)No.21 of 2014 3 leave from 6.5.2013 to 1.11.2013. Thereafter, Crl.M.P adjourned by notification and posted to 25.2.2014".
4. On going through the report of the learned Magistrate, I think that it is not necessary to issue any further direction in this case except giving a direction to the Magistrate to expedite the execution petition in the matter pending before that court. So, the petition is disposed of directing the Judicial First Class Magistrate -II, Kollam to expedite the execution of the order in M.C.No.64/2010 for which, petitions pending before that court as C.M.P.No.1703/2010. With the above direction, the petition is disposed of . Office is directed to communicate this order to the concerned court immediately. Sd/- K. RAMAKRISHNAN, JUDGE. cl /true copy/ P.S to Judge O.P.(Crl.)No.21 of 2014 4