High Court of Kerala in Criminal Misc. No. 9513/2022 directed the lower court to consider pending counter and application before proceeding, stayed the non-bailable warrant on security of Rs. 2,00,000 deposit.
Stay on non-bailable warrant conditioned on deposit of Rs.2,00,000; direction to lower court to consider pending applications within one month.
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CRL.MC NO. 9513 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
CRL.MC NO. 9513 OF 2022
AGAINST MC 277/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
HOSDRUG
PETITIONER/ACCUSED:
FAISAL ALI, AGED 41 YEARS
S/O ABDUL RAHMAN,
RAHMATH ROAD,
POOCHAKKAD, PALLIKKARE,
HOSDURG TALUK,
KASARAGOD DISTRICT, KERALA, PIN - 671316
BY ADVS.
RAHUL SASI
NEETHU PREM
MANU K. MURALI
RESPONDENTS:
1FATHIMATH FOUSIYA, AGED 34 YEARS
D/O. MOHAMMED JADEED,
KOLLAMPADY, MASJID ROAD ANANGOOR,
KASARAGOD DISTRICT, KERALA, PIN - 671121
2MOHAMMED SARAFUDHEEN
AGED 13 YEARS
S/O. FAISAL ALI
KOLLAMPADY, MASJID ROAD, ANANGOOR
KASARAGOD DISTRICT, KERALA, PIN - 671121
3STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN – 682031
R3 BY SMT.T.V.NEEMA-SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 9513 OF 2022
2
O R D E R
Annexure A8 petition pending before the Judicial First Class Magistrate Court-I, Kasaragod (for short ‘the court below’) to enforce an order passed under Section 12 of the Protection of
Women from Domestic Violence Act (for short ‘the DV Act’) is under challenge in this Crl.M.C.
the wife.
initiated proceedings under Section 125 of Cr.P.C, Section 3 of the
Muslim Women (Protection of Rights on Divorce) Act as well as Section 12 of DV Act and parallel proceedings are now existing.
final. According to the petitioner, Annexure A9 counter statement has already been filed to Annexure A8 petition. Annexure A10
application has also been filed challenging the maintainability of
CRL.MC NO. 9513 OF 2022
3
Annexure A8. It is submitted that without considering Annexures A8 and A9, warrant has already been issued.
follows:
i) The court below is directed to consider Annexures A9 and A10 within a period of one month from the date of receipt of a copy of this order and pass orders on Annexure A8 in accordance with law.
ii) The non bailable warrant issued against the petitioner shall stand stayed on condition that the petitioner shall deposit a sum of Rs.2,00,000/- (Rupees two lakhs only) at the court below.
iii) It is made clear that the stay will come into operation only on such deposit. On deposit of the amount, the 1st respondent is entitled to withdraw the same.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
ab
CRL.MC NO. 9513 OF 2022
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APPENDIX OF CRL.MC 9513/2022
PETITIONER ANNEXAnnexure A1 |
URESTRUE COPY OF THE ORDEM.C NO. 117 OF 2010 OFAMILY COURT, KASARAG |
R DATED 24.09.2011 INN THE FILES OF THEOD |
|---|---|---|
Annexure A2 |
TRUE COPY OF THE ORDETHE FILES OF THE JUDIMAGISTRATE COURT- I, |
R DATED 22.08.2016 ONCIAL FIRST CLASSKASARAGOD |
Annexure A3 |
TRUE COPY OF THE JUDGIN CRL R.P NO. 3 OF 2THE SESSIONS COURT, K |
MENT DATED 28.05.2018017 ON THE FILES OFASARAGOD |
Annexure A4 |
TRUE COPY OF THE RECEEVIDENCING THE DEPOSIPETITIONER |
IPT DATED 11.12.2019T MADE BY THE |
Annexure A5 |
TRUE COPY OF THE ORDEM.C NO. 277 OF 2011 OJUDICIAL FIRST CLASSKASARAGOD |
R DATED 25.04.2015 INN THE FILES OF THEMAGISTRATE COURT- I, |
Annexure A6 |
THE FREE COPY OF THE18.12.2015 IN CRL A NFILES OF THE ADDITIONIII, KASARAGOD |
JUDGMENT DATEDO. 127 OF 2015 ON THEAL SESSIONS COURT- |
Annexure A7 |
TRUE COPY OF THE REPLINFORMATION OFFICER,FIRST CLASS MAGISTRAT |
Y GIVEN BY THE PUBLICCOURT OF THE JUDICIALE COURT- I, KASARAGOD |
Annexure A8 |
TRUE COPY OF CMP NO.11.11.2019 IN M.C NO.FILES OF THE JUDICIALMAGISTRATE COURT- I, |
4518 OF 2019 DATED277 OF 2011 ON THEFIRST CLASSKASARAGOD |
Annexure A9 |
TRUE COPY OF COUNTERPETITIONER IN CMP NO.OF 2011 ON THE FILESCLASS MAGISTRATE COUR |
FILED BY THE4518 IN M.C NO. 277OF THE JUDICIAL FIRSTT- I, KASARAGOD |
Annexure A10 |
THE TRUE COPY OF THE17.10.2022 IN CMP NO.OF 2011 ON THE FILESCLASS MAGISTRATE COUR |
APPLICATION DATED4518 IN M.C NO. 277OF THE JUDICIAL FIRSTT- I, KASARAGOD |
RESPONDENTS ANNEXURES: NIL
1 issue framed by the court
Whether the execution proceedings under Section 12 of the DV Act should be stayed while pending counter and maintenance applications.
FAISAL ALI
FATHIMATH FOUSIYA
MOHAMMED SARAFUDHEEN
STATE OF KERALA
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court