IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Crl.MC.No. 2146 of 2008() ------------------------- AGAINST THE JUDGEMENT/ORDER IN CRRP.2788/2006 ST.439/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONER: ------------ MR.JOHN GEORGE, S/O.T.J.GEORGE, KULATHAKKAL, PAROTTUKONAM, NALANCHIRA, THIRUVANANTHAPURAM BY ADV. SRI.P.PUSHPARAJAN SRI.RAJA. P.R.S. SRI.O.K.MURALEEDHARAN RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM 3. THE SUPERINTENDENT OF POLICE POLICE SUPERINTENDENT'S OFFICE, KOLLAM 4. THE C.I. OF POLICE, KOTTARAKKARA KOLLAM 5. THE S.I. OF POLICE, KOTTARAKKARA, KOLLAM 6. T.OMMEN PANICKER, S/O.LATE SRI.THOMAS PANICKER TOPS MANOR, PANAVELI PO., KOTTARAKKARA, KOLLAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2146 of 2008 ------------------------------------------------- Dated this the 4th day of September, 2008 ORDER The learned Public Prosecutor reports and the learned counsel for the petitioner confirms that the respondent/accused has already made himself available before the court below and has undergone the sentence imposed on 29/8/08. There is, of course, a dispute as to whether he had voluntarily appeared or was arrested and produced. Be that as it may, I am satisfied that no further directions are necessary in this Crl.M.C. 2. This Crl.M.C. is accordingly dismissed as unnecessary now. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 2146 of 2008 -: 2 :- R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2146 of 2008 ------------------------------------------------- Dated this the 6th day of June, 2008 ORDER The petitioner is the complainant in a prosecution under Sec.138 of the Negotiable Instruments Act. The trial is complete. The accused has been found guilty, convicted and sentenced. All avenues of challenge is over. The sentence deserves to be executed. The prosecution was initiated as early as in 2004. 2. The short grievance of the petitioner herein is that the 5th respondent is not executing the warrant of arrest issued by the learned Magistrate. The learned Magistrate is not taking effective steps to ensure execution. In these circumstances, it is prayed that direction under Sec.482 of the Cr.P.C. may be issued Crl.M.C. No. 2146 of 2008 -: 3 :- to ensure that justice is done and the 6th respondent/accused is obliged to suffer the sentence. 3. I agree with the learned counsel for the petitioner that the sentence which has now become final with the order passed in revision on 16/8/06 must be executed forthwith. The faith in the judicial process can insist only if orders of courts are executed promptly. 4. Call for a report from the learned Magistrate as to why and under what circumstances the warrant remains without execution. The learned Public Prosecutor takes notice on behalf of respondents 1 to 5. The 5th respondent shall also explain why the warrant of arrest has not been executed. 5. I need only mention that I expect the 5th respondent to execute the warrant of arrest by the next date of posting of this Crl.M.C. and report compliance to this Court. The 5th respondent shall appear personally before this Court on the next date of posting and file a statement as to why the warrant has not been executed so far. He is given one month's time to execute the warrant. Crl.M.C. No. 2146 of 2008 -: 4 :- 6. Call on 7/7/08. If there is no current warrant issued by the learned Magistrate, he shall forthwith issue necessary process to the 5th respondent. 7. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/