AHAMMED ALI M Vs. NAZRIN BANU

JUDGEMENT

(1.) BY Annexure-A1 order petitioner was directed to pay Rs.5,96,500/- under Section 3(1) the Muslim Women (Protection of Rights on Divorce) Act. Petitioner filed Crl.R.P No.3 of 2008 before Sessions Court, Kasaragod. BY Annexure-AII order, the revision was allowed on condition that petitioner pays Rs.5,000/- by way of costs on or before 24.9.2009 making it clear that in case of failure to pay, Annexure-AI order would be restored. Petitioner filed Crl.M.P No.2942 of 2010 for extension of time contending that he could not deposit the amount within the time as he was in Gulf. BY Annexure-AIV order the petition was dismissed. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annxure-AII and AIV orders.

(2.) LEARNED counsel appearing for the petitioner was heard.

(3.) ORDINARILY no interference is warranted. But considering the entire facts and in the interest of justice if petitioner deposits the amount as directed in Annexure-AII order along with further cost of Rs.2,500/- within 10 days from today, it shall be treated as in compliance with Annexure-AII order. On such payment, M.C 185 of 2006 would stand remanded to Chief Judicial First Class Magistrate as provided in Annexure-AII order. On such deposit if the petitioner is detained in execution of the order in M.C.185 of 2006, he shall be released. First respondent is entitled to withdraw the costs so deposited.