High Court Kerala High Court

Rashmi Pillai vs Sub Inspector Of Police on 23 September, 2010

Kerala High Court
Rashmi Pillai vs Sub Inspector Of Police on 23 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18085 of 2010(Q)


1. RASHMI PILLAI, AGED 36 YEARS,
                      ...  Petitioner

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. V.SUNIL, ADVOCATE,

3. DIRECTOR GENERAL OF POLICE,

                For Petitioner  :SRI.M.BALAGOVINDAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :23/09/2010

 O R D E R
             M.SASIDHARAN NAMBIAR,J.
          ===========================
          W.P.(C)No.18085    OF 2010
          ===========================

   Dated this the 23rd day of September,2010

                   JUDGMENT

This petition is filed under Article 226

and 227 of the Constitution of India for a writ

of mandamus directing respondents 1 to 3 to

give effect to Ext.P6 order and for a further

direction to Judicial First Class Magistrate-I,

to pass orders in Ext.P7 within a time limit.

By Ext.P6 order dated 30.1.2010 passed under

section 23 of Protection of Women from Domestic

Violence Act, in a petition filed by the

petitioner, respondents in M.C.70/2009 were

directed to handover Car KL-02/L-777 to the

petitioner within seven days from the date of

that order. Ext.P7 petition was filed before

the learned Magistrate under section 32(1) and

(2) of the Protection of Women from Domestic

Violence Act, contending that respondents

W.P.(C)18085/2010 2

committed breach of Ext.P6 interim protection

order.

2. A report was called for from Judicial First

Class magistrate why Ext.P6 order has not been

enforced. A report was received from Judicial

First Class Magistrate to the effect that after

Ext.P6 order, the case was posted on 27.2.2010 on

which day petitioner filed Ext.P7 application and

the case was posted to 4.3.2010. As both

petitioner and respondents were absent, it was

adjourned to 9.3.2010 and thereafter to 11.3.2010

and then posted to 25.3.2010. Meanwhile entire

records were called for by Sessions Court in

Crl.A.94/2010, which is an appeal filed against

Ext.P6 order. It is reported that as the records

are not there, Ext.P6 order could not be enforced.

3. Learned counsel appearing for the

petitioner submitted that Crl.A.94/2010 was

subsequently dismissed on 15.9.2010 and the records

were sent back to the learned Magistrate. In such

circumstances, Writ Petition is disposed directing

W.P.(C)18085/2010 3

Judicial First Class Magistrate-I, Ernakulam to

dispose of Ext.P7 application expeditiously, at any

rate, within one month from the date of receipt of

a copy of this order or the records from the

Sessions Court, whichever event occurs later.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

———————

W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006