Petitioner challenged a distress warrant issued in a monetary suit which had been dismissed. The court held the criminal petition infructuous and dismissed it, directing the petitioner to move the lower court for return of the deposited amount.
Petition dismissed as infructuous; petitioner directed to move lower court for return of deposited amount.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
OP(CRL.) NO. 194 OF 2020
AGAINST THE ORDER/JUDGMENT IN MC 115/2014 OF JUDICIAL MAGISTRATE
OF FIRST CLASS - I, NORTH PARAVUR
PETITIONER:
SINDI ANTONY
AGED 38 YEARS
S/O. ANTONY, KATTUPARABIL HOUSE,
MADAPLATHURUTH, MOOTHAKUNNAM,
ERNAKULAM DISTRICT-683 516.
BY ADV RENJITH B.MARAR
RESPONDENTS:
1NIMMY JOSE,
AGED 34 YEARS
D/O. ANTONY, KURUSUNKAL HOUSE,
VADUTHALA, ERNAKULAM DISTRICT-682 023.
2 K.P.ANTONY AGED 74 YEARS KATTUPARABIL HOUSE, MADAPLATHURUTH, MOOTHAKUNNAM, ERNAKULAM DISTRICT-683 516.
3ROSELY ANTONY
AGED 74 YEARS
KATTUPARABIL HOUSE, MADAPLATHURUTH,
MOOTHAKUNNAM, ERNAKULAM DISTRICT-683 516.
4LINTI ANTONY
AGED 32 YEARS
D/O. ANTONY, PALAKKAPPILLY HOSUE,
VADUTHALA, ERNAKULAM DISTRICT-682 023.
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 194 OF 2020
2
JUDGMENT
This original petition has been filed against Ext.P3 order dated 10.01.2020 in M.P.No.90/2019 in M.C.No.115/2014 before the Judicial First Class Magistrate Court-I, North Paravur, by which the learned Magistrate issued distress warrant to realize an amount of Rs.1,76,000/- as against the first respondent, the petitioner herein. Since M.C.No.115/2014 itself has been dismissed, this original petition (criminal) itself has become infructuous.
This original petition (criminal) closed accordingly.
Sd/-
M.R.ANITHA
JUDGE
nkr/26.11.2021
OP(CRL.) NO. 194 OF 2020
3
APPENDIX OF OP(CRL.) 194/2020
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE ORDER DATED 21.10.2016
IN CRL.R.P.NO.1261/2016 PASSED BY THIS
HON'BLE COURT.
EXHIBIT P2TRUE COPY OF THE ORDER DATED 18.2.2020
IN C.M.P.NO.393/2020 IN
M.C.NO.115/2014.
EXHIBIT P3TRUE COPY OF THE ORDER DATED 10.1.2020
IN M.P.NO.90/2019 IN M.C.NO.115/2014
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-I, NORTH PARAVUR.
EXHIBIT P4TRUE COPY OF THE ORDER DATED 24.1.2020
IN CRL.APPEAL NO.47/2020 PASSED BY THE
COURT OF SESSIONS, ERNAKULAM DIVISION.
EXHIBIT P5TRUE COPY OF THE MEMORANDUM OF
CRL.APPEAL FILED AS CRL.APPEAL
NO.154/2020 BEFORE THE SESSIONS COURT,
ERNAKULAM.
EXHIBIT P6TRUE COPY OF THE WARRANT ISSUED DATED
22.1.2020 ISSUED BY THE VILLAGE
OFFICER, MOOTHAKUNNAM VILLAGE.
2 issues framed by the court
Whether the criminal original petition ought to be dismissed as having become infructuous due to the dismissal of the underlying monetary suit.
Whether the amount deposited by the petitioner can be recovered from the court below.
Sindi Antony
Nimmy Jose
K.P. Antony
Rosely Antony
Linti Antony
M.R. Anitha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court