In an Original Petition (Criminal) seeking a direction to execute an arrest warrant issued by the lower court, the High Court held that the petitioner must approach the issuing court for execution and coercive measures, finding no basis for this Court's intervention.
The petitioner was directed to approach the court below for execution of the warrant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
FRIDAY, THE 9TH DAY OF MARCH 2018 / 18TH PHALGUNA, 1939
OP(Crl.).No. 111 of 2018
CC 2475/2017 of J.M.F.C.,KUNNAMKULAM
PETITIONER
CHANDRAMOHAN B.
AGED 67 YEARS, S/O.BALAKRISHNAN NAIR CHERUMANNOOR VILAKOM KARICHAYIL, ATTINGAL PO THIRUVANANTHAPURAM
BY ADVS.SRI.R.MANOJ
SMT.SINDHU MANOJ
RESPONDENT(S):
R1,3&4 BY PUBLIC PROSECUTOR SHRI E C BINEESH
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 09-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(Crl.).No. 111 of 2018
APPENDIX
| EXT.P1 : | TRUE COPY OF THE COMPLAINT IN CC 2475/17 ON THE FILES OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, THRISSUR AND PENDING BEFORE THE JUDICIAL MAGISTRATE OF FIRST CLASS, KUNNAMKULAM DT. JUNE 2017. |
|---|---|
| EXT.P2 : | TRUE COPY OF THE WARRANT OF ARREST IN COMPLAINT IN CC 2475/17 ON THE FILES OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, THRISSUR AND PENDING BEFORE THE JUDICIAL MAGISTRATE OF FIRST CLASS, KUNNAMKULAM DT. JUNE 2017. |
| EXT.P3 : | TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DT.18.9.2017. |
RESPONDENTS EXHIBITS : NIL
// True copy //
PA to Judge
B.SUDHEENDRA KUMAR, J.
O.P.(Crl.) No.111 of 2018
Dated this the 9th day of March 2018
JUDGMENT
The prayer in this O.P.(Crl.) is to enforce Ext.P2 warrant issued by the court below in C.C. No.2475 of 2017.
This O.P.(Crl.) stands disposed of, as above.
sd
B.SUDHEENDRA KUMAR, JUDGE
dl/9.3.18
// True copy //
PA to Judge
2 issues framed by the court
Whether the High Court should exercise jurisdiction to execute a warrant issued by the court below.
Whether the petitioner is entitled to approach the High Court instead of the court that issued the warrant.
Chandramohan B.
The State of Kerala
Sudheesh Kumar K C
Deputy Superintendent of Police
Sub Inspector of Police
B.Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
