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2023 Supreme(Online)(Mad) 84724
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. Jayachandran, J
Munavar Sulthana – Appellant
Versus
A.M. Imthiaz Nazer – Respondent
Crl.O.P.No.27438 of 2023
For the Appellants/Petitioners: R. Venkatesan
For the Respondents: Leonard Arul Joseph Selvam
A Magistrate has the power to issue a distress warrant for breach of a protection order under the DV Act using powers derived from the CrPC; such a warrant is an independent action and not substitutable by a non-bailable warrant.
Headnote:The petitioner sought directions under Section 482 of the Code of Criminal Procedure to convert a distress warrant into a non-bailable warrant in proceedings under the Protection of Women from Domestic Violence Act, 2005, following a breach of a protection order under Section 31. The court found that the Magistrate had appropriately issued a distress warrant for the breach. The primary issue was whether a distress warrant issued for the breach of a protection order should be substituted by a non-bailable warrant. The court reasoned that the distress warrant is an independent action and that in the absence of specific provisions in the Special Act, the powers derived from the Code of Criminal Procedure prevail. With this observations and directions, this Criminal Original Petition is disposed of.
| Table of Content |
|---|
| 1. request to convert distress warrant to non-bailable warrant due to breach of protection order. (Para 1 , 2) |
| 2. validity of distress warrants issued via crpc powers in the absence of special act provisions. (Para 3) |
| 3. disposal of the petition based on the court's observations. (Para 4) |
O R D E R
Petitioner herein has got a favorable order for protection against the first respondent under the Domestic Violence Act. Since, there was breach of the order, Court has taken cognizance of the said breach under Section 31 of the Protection of Women from Domestic Violence Act, 2005 and issued Distress Warrant. Petitioner has come before this Court seeking direction to the learned XVIII Metropolitan Magistrate, Saidapet to convert the Distress Warrant as Non Bailable Warrant in D.V.C.No.80 of 2017.
2. The learned counsel appearing for the petitioner submitted that, Distress Warrant for the breach is not adequate. Petitioner must be secured by execution of Non Bailable Warrant.
3. On perusing the petition and relevant provisions of law, this Court is of the view that, distress warrant issued for breach of protection order is an independent action taken by the Magistrate and it mus not substituted for executing the protection order. Therefore, distress warrant issued by the Magistrate is in order and it is in accordance with law. Just because the Domestic Violence Act does not explicitly speak about the distress warrant, it does not mean that, learned Metropolitan Magistrate has no power to issue Distress Warrant. The said power is derived from the Code of Criminal Procedure and in the absence of any specific provision under the Special Act, the provision of Court will prevail. It is made clear that, any Non Bailable Warrant issued pursuant to the application under Domestic Violence Act is pending, that has to be executed independently behalf of distress warrant issued for breach of protection order.
4. With this observations and directions, this Criminal Original Petition is disposed of.
06.12.2023
Index : Yes/No
Neutral Citation : Yes/No
Sma
