IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 36790 of 2009(Q) ----------------------- PETITIONER(S): ----------- KHATIJA HANIF MERCHANT,AGED 35 YEARS, C/O/HASHMAT KHAN,BALMAD BUILDING,ROOM NO.3, GROUND FLOOR,NEAR MARATHA MANDIR,BOMBAY CENTRAL, MUMBAI-400 008. BY ADV. SRI.MANJERI SUNDERRAJ SMT.K.K.PREETHA RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY STATION HOUSE OFFICER,FOR KOCHI POLICE STATION, CRIME NO.C.C.312/M/07,C.C.1381/08,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. THE COMMISSION ER OF POLICE,KOCHI. 3. MOHAMMED HANIF MERCHANT, 10/972 B,MALLAPPURAM ROAD,FORT COCHIN-1, KERALA -682001. PUBLIC PROSECUTOR SRI. C.S. HRITHICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P. (C) No. 36790 of 2009 * * * * * * * * * * * * * * * * * * Dated: 2nd June, 2010 JUDGMENT The petitioner is the wife of the 3rd respondent and she is at present permanently residing at Mumbai. She had filed a petition under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 before the Metropolitan Magistrate , 15th Court, Mazgaon, Mumbai against the third respondent and the same is pending as C.C. 312/MISC/2007. Since the 3rd respondent did not respond to the summons, the Mumbai Court has issued non-bailable warrants of arrest against him in his address at Fort Kochi. The petitioner would allege that on account of the lethargy of the 2nd respondent Commissioner of Police, warrants issued against the 3rd respondent are not executed. It is the case of the petitioner that with a view to evade the process of the Mumbai Court and to deter the petitioner from prosecuting her application before the Mumbai Court, the 3rd respondent has initiated a malicious prosecution W.P. (C) No. 36790 of 2009 -:2:- against the petitioner before the J.F.C.M. I, Kochi and has secured a warrant of arrest in C.C. 1381 of 2008. She, therefore, seeks appropriate directions against the first and second respondents to take appropriate steps to execute the arrest warrant obtained by the petitioner against the 3rd respondent from the Mumbai Court and to keep in abeyance the arrest warrant obtained by the 3rd respondent from the Kochi Court. 2. The learned Government Pleader, on instructions, submitted that warrants against the 3rd respondent could not be executed for the reason that he was not available in the address shown and that he was available in the said address only 7 years ago. 3. If, according to the petitioner, the 3rd respondent is evading the process of the Mumbai Court and it is to avoid an arrest by the police that he has approached the Kochi Court with a malicious prosecution against the petitioner, the proper course for the petitioner would be to approach the Kochi Court and appraise the learned Magistrate of the true facts. Hence, this Writ Petition is disposed of permitting the petitioner to appear before the J.F.C.M. I, Kochi in C.C. 1381 of 2008 and W.P. (C) No. 36790 of 2009 -:3:- seek appropriate orders after appraising the Magistrate about the true facts. Warrants, if any, pending the petitioner shall not be enforced by the Kochi Court for a period of one month and the fate of those warrants shall be subject to further orders to be passed by the Kochi Court. Dated this the 2nd day of June, 2010. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ ani. P.S. to Judge