IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Crl.MC.No. 920 of 2010(B) ------------------------------------ [CC.NO.120/2008 OF CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA, CC.NO.832/2008 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-I, MANJERI] .................... PETITIONER/COMPLAINANT: ----------------------------------------- SAKKIR HUSSAIN, S/O.HAMSAKUTTY, ALINGAL HOUSE,MAMPUZHA, KARUVRAKUNDU,MALAPPURAM DISTRICT. BY ADV. MR.K.M.SATHYANATHA MENON. RESPONDENTS/ACCUSED & STATE: ----------------------------------------------------- 1. AJEEBA .M.SAHIB, EX-CHAIRPERSON, PATHANAMTHITTA MUNICIPALITY, D/O.K.MEERA SAHIB, PETTAYILAKALLUPURAYIDATHIL, PATHANMTHITTA DISTRICT. 2. SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 3. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 & R3 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.920 OF 2010 --------------------------------------------- Dated 8th April 2010 O R D E R Petition is filed under Section 482 of Code of Criminal Procedure for a direction to the second respondent, to execute the non bailable warrant against first respondent issued by Judicial First Class Magistrate-I, Manjeri in C.C.832/2008 and Chief Judicial Magistrate, Pathanamthitta in C.C.120/2008. 2. Learned Public Prosecutor submitted that as the first respondent had filed several applications under Section 438 of Code of Criminal Procedure before this court and in some petitions there was an order not to arrest him, first respondent could not be arrested and all Crmc 920/10 2 those petitions were now dismissed on 30/3/2010 and therefore, there is no impediment for executing non bailable warrant. 3. Even if, there is an order by this court in an application filed under Section 438 of Code of Criminal Procedure not to arrest the accused, it can only apply in respect of that case and not in respect of all other cases against him. Therefore, it is not a valid excuse for the non execution of non bailable warrant in C.C.832/2008 and C.C.120/2008. But in view of the submission that non bailable warrant against first respondent would be executed, the petition is closed recording the submission. M.SASIDHARAN NAMBIAR, JUDGE. uj.