Waheeda vs C Najeeb
2023 Latest Caselaw 3625 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE K. BABU
  WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA,
                                 1945
                    OP(CRL.) NO. 281 OF 2023
 AGAINST THE ORDER/JUDGMENTMC 9/2021 OF ADDITIONAL CHIEF
                JUDICIAL MAGISTRATE , ERNAKULAM
PETITIONER/S:

          WAHEEDA
          AGED 55 YEARS
          W/O. C NAJEEB, SRM ROAD, PACHALAM P.O.,
          ERNAKULAM, PIN - 682012
          BY ADVS.
          MILLU DANDAPANI
          FATHIMA K.


RESPONDENT/S:

   1      C NAJEEB
          AGED 61 YEARS
          S/O. CHEEKUVINTAVIDE KK MOIDU, NAVAF BUNGLOW,
          MAHAKAVI BHARATHIYAR ROAD, NEAR YWCA,
          ERNAKULAM, PIN - 682035
   2      THE BRANCH MANAGER
          PEOPLES URBAN CO-OPERATIVE BANK ERNAKULAM,
          SRINIVAS CHAMBERS, M.G. ROAD, ERNAKULAM, PIN -
          682011
       THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
29.03.2023,   THE   COURT   ON    THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP(CRL.) NO. 281 OF 2023
                                 ..2..




                           JUDGMENT

The prayers in the Original Petition are as

follows:-

i) Call for the records leading to Ext.P3 petition and peruse

the same.

ii) Direct the court below to consider and dispose of Ext.P3

petition viz. Crl.M.P.No.362/2023 in MC No.09/2021

pending on the files of Hon'ble Additional Chief Judicial

Magistrate, Ernakulam as expeditiously as possible in a

time a bound manner.

iii) Direct the 2nd respondent not to permit the 1 st respondent

to operate the bank locker No.32 and fixed deposit

account during the pendency of Ext.P3 petition before the

court below.

iv) Pass such other orders as this Hon'ble Court deems fit

and proper in the facts and circumstances of the case.

2. The petitioner filed M.C.No.9 of 2021 before the

Additional Chief Judicial Magistrate Court, Ernakulam,

under the relevant provisions of the Protection of Women

from Domestic Violence Act, 2005. Along with the M.C., OP(CRL.) NO. 281 OF 2023 ..3..

the petitioner had filed an application seeking relief

under Section 23 of the DV Act. In that application, the

Court below passed Ext.P1 order containing the following

directions:-

1. Respondent is restrained by a protection order from harassing the petitioner or anybody assisting her, physically, mentally or verbally.

2. Respondent is restrained by a protection order from operating the bank locker No.32 at Peoples Urban Co- operative Bank, Ernakulam Branch at M.G. Road.

3. Respondent is restrained by a protection order from operating his fixed deposit account with peoples Urban Co-operative Bank, Ernakulam Branch.

3. Thereafter, on 14.11.2022, due to the non-

appearance of the petitioner, the Court below dismissed

the M.C. for default. The petitioner, thereafter, filed

Ext.P3 application to restore the case.

4. Ext.P3 application is now pending before the

Court below. The learned counsel for the petitioner

submitted that in view of the dismissal of the M.C., there

is every possibility that the respondent may operate the OP(CRL.) NO. 281 OF 2023 ..4..

bank locker and deal with the fixed deposit account.

Therefore, the petitioner prayed for an expeditious

disposal of Ext.P3 application. The learned counsel also

prayed for restraining the party respondent from

operating the bank locker and dealing with the fixed

deposit account in the bank.

5. Having regard to the nature of the reliefs

prayed for, the following directions are issued:-

1. The Court below shall dispose of Ext.P3 as

expeditiously as possible.

2. The directions as per Clauses (2) and (3) in

Ext.P1 shall be in force till the disposal of

Ext.P3.

The original Petition is disposed of accordingly.

Sd/-

K. BABU, JUDGE

kkj OP(CRL.) NO. 281 OF 2023 ..5..

APPENDIX OF OP(CRL.) 281/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DTD. 30.06.2021 IN CMP NO. 350/2021 IN MC NO. 09/2021 ON THE FILES OF HON'BLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE, ERNAKULAM Exhibit P2 TRUE TRANSCRIPT COPY OF THE ORDER DTD.

14.11.2022 PASSED IN MC NO. 09/2021 ON THE FILES OF THE HON'BLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE, ERNAKULAM Exhibit P3 TRUE COPY OF THE CRL.MP NO. 362/2023 IN MC NO. 09/2021 PENDING ON THE FILES OF HON'BLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE, ERNAKULAM