M. RABIATH BAZARIYA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Criminal Original Petition has been filed invoking Sec. 528 B.N.S.S., 2023 seeking direction to direct the First Respondent to execute the Non-Bailable Warrant issued as against the Third Respondent in Crl.M.P. No.705 of 2023 in D.V.C. No.30 of 2022, dtd. 30/5/2024, on the file of the Judicial Magistrate (Additional Mahila Court), Madurai.

(2.) It is evident from the records that the Petitioner has moved an Application invoking the provisions of the Domestic Violence Act in D.V.C. No.30 of 2022, on the file of the Additional Mahila Court, Madurai, against her husband - Third Respondent and others and that the learned Magistrate has passed an Order dtd. 8/9/2022 directing the Third Respondent to pay maintenance amount of Rs.10,000.00 per month to the Petitioner on or before 5th day of every month. It is further evident that since the Third Respondent has not complied with the said Order, the Petitioner has moved an Application in Cr.M.P. No.705 of 2023 before the Additional Mahila Court and the learned Magistrate has finally allowed the said Petition directing the Third Respondent to pay the arrears of maintenance amount of Rs.1,37,010.00 and the Compensation amount of Rupees Five Lakhs on or before 15/4/2024, failing which the Non-Bailable Warrant will be ordered against the Third Respondent.

(3.) The case of the Petitioner is that despite the Orders passed in Cr.M.P. No.705 of 2023, the Third Respondent has not complied with the directions purposely and with ulterior motive, that even a single pie should not be transferred from the pocket of the Third Respondent and that the learned Magistrate, taking note of the non-compliance of its directions, has ordered for the issuance of Non-Bailable Warrant against the Third Respondent and that on payment of batta, Non-Bailable Warrant came to be issued to the Second Respondent, that one Regina - Inspector of Police to the Second Respondent Police Station failed to execute the Warrant colluding with the Third Respondent and that when the same was brought to the notice of the learned Magistrate, the learned Magistrate has again issued Non-Bailable Warrant against the Third Respondent to be executed by the First Respondent by expressing dissatisfaction on the functioning of the Police Department and that even thereafter, the First Respondent too has failed to execute the Warrant and that since the Petitioner has been suffering very much, she was constrained to file the present direction Petition.