IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3662 of 2009()
1. RAJENDRAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. RETNAMMA,
For Petitioner :SRI.R.AZAD BABU
For Respondent : No Appearance
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :25/11/2009
O R D E R
P.S.GOPINATHAN J.
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CRL.R.P No. 3662 of 2009
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Dated this the 25th day of November, 2009.
O R D E R
The revision petitioner is the respondent in M.C.No.5 of 2009, a
petition filed by the second respondent, who is none other than the
mother of the revision petitioner under Section 12 of the Protection of
Women From Domestic Violence Act, 2005 before the Judicial First Class
Magistrate Court I, Cherthala. On 25.9.2009 the learned Magistrate
passed the following order:
“Complainant present. Sworn statement recorded. On
going through the sworn statement and the document
produced, I am convinced that there are sufficient materials
and grounds to proceed with the case. Hence case taken on
file as C.C.1346/09 u/s.31IssueProtection of Women from
of
Domestic Violence Act. Non-bailable Warrant to
accused. Case posted to 9.10.09.”
2. Assailing the legality, correctness and propriety of the above
order issuing non-bailable warrant, this revision petition was filed.
According to the learned counsel, the dispute between the revision
petitioner and the second respondent was settled and a consent order
was passed. Subsequently, for no justifiable reason, the second
respondent filed a petition alleging non-compliance of the order. Though
there is no justifiable reason to issue an arrest warrant stated in the
order, the learned Magistrate ordered to issue arrest warrant. According
CRL.R.P No. 3662 of 2009 2
to the learned counsel, the revision petitioner is a law abiding citizen and
is prepared to appear before the lower court and the order to issue non-
bailable arrest warrant is not justified.
3. Going by the order impugned, I find no reason to issue the
non-bailable warrant. In the above circumstances, the order impugned is
not sustainable and liable to be set aside.
In the result, this revision petition is allowed on condition that the
revision petitioner shall appear before the trial court on or before
14.12.2009, failing which this revision petition would stand dismissed.
Sd/-
P.S.GOPINATHAN
JUDGE
//True Copy//
PA to Judge
ab
CRL.R.P No. 3662 of 2009 3