IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 Crl.MC.No. 3417 of 2009() ------------------------- CMP.3270/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER(S): 3RD RESPONDENT: ------------------------------------------------------- NIMI.N.S., AGED 21 YEARS, D/O.SUDHAN, NEDUMURIYIL VEEDU, VADAIKKAL P.O., ALLEPPEY. BY ADV. MR.JOHN JUDE ISSAC RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SUDHEESH.T.M., AGED 28 YEARS, S/O.M.OMANA RAMACHANDRAN, MAPPIDACHERI HOUSE, PAYYANNUR AMSOM, KELOTH P.O., PAYYANNUR, KANNUR DISTRICT. 3. SUDHAN, AGED 55 YEARS, NEDUMURIYIL VEEDU, VADAIKKAL P.O., ALLEPPEY. 4. OMANA, AGED 45 YEARS, W/O.SUDHAN, NEDUMURIYIL VEEDU, VADAIKKAL P.O., ALLEPPEY. R1 BY PUBLIC PROSECUTOR MR. P.A. SALIM R2 BY ADVS. MR.M.V.AMARESAN, MR.V.N.RAMESAN NAMBISAN. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.3417 OF 2009 ------------------------------------------ Dated 13th January 2010 O R D E R Petitioner is the third respondent in Annexure-A1 complaint filed before Judicial First Class Magistrate, Payyannur by her husband the second respondent, under Section 97 of Code of Criminal Procedure to issue a search warrant directing Payyannur police to conduct search of respondents 1 and 2 in Annexure-A2 to trace out the petitioner. Annexure-A2 notice was issued by learned Magistrate to the petitioner to appear before that court. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A1 complaint. 2. Learned counsel appearing for the petitioner and second respondent were Crmc 3417/09 2 heard. 3. Argument of the learned counsel appearing for the second respondent is that petitioner is still under the custody of respondents 3 and 4 and therefore, petitioner is to appear before the learned Magistrate. 4. When the petitioner, the wife of second respondent, who was allegedly detained by respondents 3 and 4 filed this petition and stated that she out of her own will and volition had gone away from the second respondent's house. I do not find any necessity to continue the proceedings before the learned Magistrate initiated under Section 97 of Code of Criminal Procedure. Second respondent is entitled to take appropriate proceedings for restitute of conjugal rights, if raised. Petition is disposed directing that Crmc 3417/09 3 petitioner need not appear before the Judicial First Class Magistrate, Payyannur in C.M.P.3720/2009. M.SASIDHARAN NAMBIAR, JUDGE. uj.