IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 Crl.MC.No. 4493 of 2010 ( ) ------------------------- (CRRP.3/2008 of SESSIONS COURT, KASARAGOD MC.185/2006 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD) .................... PETITIONER/REVISION PETITIONER/COUNTER PETITIONER --------------------------------------------------------------------------------------- AHAMMED ALI.M, S/O.IBRAHIM, FAZIL MANZIL, MANI MUNDA, UPPALA VILLAGE AND POST, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADVS. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENTS/RESPONDENTS/PETITIONER ------------------------------------------------------------------ 1. NAZRIN BANU, D/O.ABDUL KHADER, BAITHUL MIBIN, MOVVAL, RAHMATH NAGAR, PALLIKKERE, NOW RESIDING AT RUKYA MANZIL, CHETTUMKUZHI, MADHUR VILLAGE, P.O.HIDAYATH NAGAR, KASARAGOD TALUK, KASARAGOD DISTRICT. 2. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C. No.4493 OF 2010 --------------------------------------------------------- Dated this the 11th day of November, 2010. O R D E R By Annexure-A1 order petitioner was directed to pay Rs.5,96,500/- under Section 3(1) the Muslim Women (Protection of Rights on Divorce) Act. Petitioner filed Crl.R.P No.3 of 2008 before Sessions Court, Kasaragod. By Annexure-AII order, the revision was allowed on condition that petitioner pays Rs.5,000/- by way of costs on or before 24.9.2009 making it clear that in case of failure to pay, Annexure-AI order would be restored. Petitioner filed Crl.M.P No.2942 of 2010 for extension of time contending that he could not deposit the amount within the time as he was in Gulf. By Annexure-AIV order the petition was dismissed. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annxure-AII and AIV orders. 2. Learned counsel appearing for the petitioner was heard. 3. By Annexure-II order the learned Sessions Judge granted an opportunity to the petitioner to adduce evidence. I find no reason to interfere with the direction to pay Rs.5,000/- as costs, in the light of the findings in Annnexure-AI order. 4. Though presence of the petitioner was not necessary to make the payment, even if he is employed in Gulf, he did not pay Crl.M.C. No.4493 OF 2010 2 the amount for one year. Petition for extension of time was filed after one year. It was dismissed by Annexure-AIV order. Ordinarily no interference is warranted. But considering the entire facts and in the interest of justice if petitioner deposits the amount as directed in Annexure-AII order along with further cost of Rs.2,500/- within 10 days from today, it shall be treated as in compliance with Annexure-AII order. On such payment, M.C 185 of 2006 would stand remanded to Chief Judicial First Class Magistrate as provided in Annexure-AII order. On such deposit if the petitioner is detained in execution of the order in M.C.185 of 2006, he shall be released. First respondent is entitled to withdraw the costs so deposited. M.SASIDHARAN NAMBIAR, JUDGE mns