KAMALASANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed by the Respondent in C.M.P. No. 2658 of 2010 of the Court of learned Judicial First Class Magistrate, 2010 of the Court of learned Judicial First Class Magistrate, Adimali in a proceeding initiated by the second Respondent under the Protection of Women from Domestic Violence Act (for short, "the Act"). According to the learned Counsel even without a prosecution under Section 31 of the said Act learned Magistrate has issued non bailable warrant to the Petitioner for his non appearance in Court to answer the claim of second Respondent. Learned Counsel submits that Petitioner filed an application through counsel to withdraw the warrant but that application was dismissed as per order dated March 10, 2011 observing that application is filed through counsel. It is pointed out by learned Counsel that proceedings under the Act are in the nature of civil proceeding and that if the Petitioner did not appear in Court to answer the petition against him, consequence is only a decision on the petition in the absence of Petitioner and not issue a warrant of arrest to the Petitioner.

(2.) I find some force in the contention raised by learned Counsel but, in the nature of the order I propose to pass I am not deciding the matter in this proceeding since I am disposing of the petition without notice to second Respondent.

(3.) I am inclined to give Petitioner time to appear before the learned Magistrate and seek recall of the warrant. I am told that the case is posted before the learned Magistrate on 04.04.2011. Resultantly this criminal miscellaneous case is disposed of in the following lines: