This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, seeking to quash of the order passed by the learned Judicial Magistrate No.1, Kuzhithurai dated 18.03.2010, in C.M.P.No.2497 of 2010 in M.C.No.4 of 2001, issuing NBW against the petitioner.
2.It is averred in the petition that the learned Judicial Magistrate passed an order of interim maintenance of Rs.1,000/- by his order dated 27.09.2001 and the petitioner has been paying the maintenance amount through Court regularly. While so, the first respondent filed a petition in Crl.M.P.No.12738 of 2007 for the enhancement of the interim maintenance. The learned Judicial Magistrate enhanced the interim maintenance to Rs.2,500/- per month from the date of filing the petition. Against that order, the petitioner preferred Criminal Revision Petition No.9 of 2009 on the file of Principal District and Sessions Judge, Kanyakumari at Nagercoil.
3.The petitioner also met with an accident and due to that as well as the fact that he filed revision petition before the District Court, he filed petition under
Section 317 Cr.P.C. in C.M.P.No.2497 of 2010. But the learned Judicial Magistrate without considering the reasons given by the petitioner issued non-bailable warrant on 18.03.2010. Therefore, the petitioner has come forward with this Criminal Original Petition, challenging the said order of the learned Judicial Magistrate.
4.The learned counsel appearing on both sides represented that the petitioner has been appearing before the learned Judicial Magistrate and paying the interim maintenance at the enhanced rate. Therefore, nothing survives in C.M.P.No.2497 of 2010. Because of the interim stay granted by this Court the N.B.W. issued by the learned Judicial Magistrate is kept in abeyance without executing the same.
5.The reason for non-appearance of the petitioner on the hearing date before the learned Judicial Magistrate is convincing and acceptable, and therefore, the order of the learned Judicial Magistrate No.1, Kuzhithurai dated 18.03.2010 is hereby set aside.
6.The parties are directed to file calculation memo before the trial Court and workout their remedy as to the arrears of interim maintenance before the trial Court.
7.With the above observations, this Criminal Original Petition is closed.
To
1.The Judicial Magistrate No.1, Kuzhithurai.
2.The Inspector of Police, Arumanai Police Station, Kanyakumari District..