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HIGH COURT OF KERALA
A. BADHARUDEEN, J
LOVELY BAIJU – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioner's request for distress warrant and procedural concerns. (Para 1 , 2 , 3) |
| 2. legal precedents on issuance of distress warrants and fair trial rights. (Para 4 , 5) |
| 3. comparison of relevant provisions in cr.p.c and bnss. (Para 6 , 7) |
| 4. need for notice before issuing distress warrants for maintenance. (Para 8) |
| 5. court's dismissal of the petition and upholding the lower court's order. (Para 9) |
ORDER
This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (` BNSS ’ for short), seeking the relief to quash the impugned order of issuing notice to the 2nd respondent dated 23.01.2024, Annexure A3, by the learned Judicial Magistrate of First Class, Njarakkal, in CMP.No.116/2024 in MC.No.67/2021.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the relevant documents and the legal provisions on the point.
3. Short facts: The petitioner herein, who is the petitioner in M.C.No.67/2021 on the files of Judicial Magistrate of First Class, Njarakkal, filed CMP.No.116/2024, Crl.M.C.No.9373/2024 3 2024:KER:92623 Annexure 2, in the above M.C to issue distress warrant a
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