IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 WP(C).No. 12306 of 2011(K) -------------------------- CC.734/1999 of ADDL.CHIEF JUDICIAL MAGISTRATE(ECONOMIC OFFENCES), ERNAKULAM .................... PETITIONER(S): --------------- C.K.SHANMUGHAN, AGED ABOUT 70 YEARS, S/O.KOCHAPPU, KOONATH HOUSE, EDAPPALLY NORTH P.O, EDAPPALLY, NOW RESIDING AT KOONATH HOUSE, AIMS P.O., PONEKKARA, KOCHI - 41, ERNAKULAM DISTRICT. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF KERALA DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001. 2. THE COMMISSIONER OF POLICE, KOCHI ERNAKULAM DISTRICT, PIN - 682031. 3. THE SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, KALAMASSERY, ERNAKULAM DISTRICT, PIN - 683104. 4. P.P.PRASANNA KUMAR, 32/293, A.K.G.ROAD, KUNNEL BUILDING, KOONAMTHAI, PUTHUPPALLIPPURAM, EDAPPALLY P.O., ERNAKULAM DISTRICT, PIN - 682024. PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.12306 of 2011 ==================================== Dated this the 12th day of April, 2011 J U D G M E N T Grievance of petitioner is that in spite of learned Additional Chief Judicial Magistrate (Economic Offences), Ernakulam issuing a warrant to arrest the 4th respondent in C.C. No.734 of 1999, the third respondent (Sub Inspector) has not initiated any action. Hence it is prayed that a direction may be issued to the third respondent to execute the arrest warrant. 2. I have heard counsel for petitioner and the learned Public Prosecutor. If a warrant of arrest has been issued by the learned Additional Chief Judicial Magistrate as alleged and if the warrant is not executed, I am not inclined to think that learned Additional Chief Judicial Magistrate is either helpless or should feel so. The provisions of the Kerala Police Act require the police to comply with orders of the court and if there is any willful non- compliance, it is within the power of the learned Additional Chief Judicial Magistrate to initiate appropriate action. Petitioner can move the learned Additional Chief Judicial Magistrate to enforce the warrant of arrest if any issued in case there is no legal W.P(C) No.12306 of 2011 -: 2 :- impediment in doing so. With the above observation this Original Petition is closed. THOMAS P. JOSEPH, JUDGE. vsv