AHAMMED ASHRAF BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayers in the above Criminal Miscellaneous Case is as follows:

(2.) Heard Sri.P.Martin Jose, learned counsel for the petitioner and Sri.Saigi Jacob Palatty, learned Public Prosecutor appearing for R1 State of Kerala and Sri.K.P.Sudheer, learned counsel appearing for R2 (complainant).

(3.) The case projected in the above Criminal M.C. is as follows: The petitioner is arraigned as the sole accused in C.C.No.681 of 2020 on the files of Judicial First Class Magistrate Court - I. Parappanangadi alleging offences under Section 498A IPC and Section 31 of the Protection of Women From Domestic Violence Act 2005. Annexure - VII order is illegal and unsustainable. Even if (Without admitting) there was violation of the Annexure - III order, the Learned Magistrate went wrong in issuing non-bailable warrant on 29.07.2020 in Crime No.67 of 2020 which is taken on file on 28.07.2020 as C.C.No.681 of 2020 before that court. The learned Magistrate ought to have issued summons to the petitioner and only in the event of failure of the petitioner to appear before the Court drastic steps by issuing non-bailable warrant could have resorted. The issuance on non-bailable warrant at the threshold without proper reasons and application of mind is bad in law. The petitioner is at present undergoing quarantine for being primary contact of a Covid positive person.