S.T. Prabhakar v. Secretary to Govt., Home Department : 2011 CRI. L. J. (NOC) 287: 2011 (1) Crimes 139 : 2011 (3) RCR (Cri) 85 : 2011 (2) DMC 639 : 2011 (99) AIC 543 : (2011) 3 AICLR 635 : (2011) 1 CTC 355 : (2011) 1 CWC 175 : (2011) 2 MadLJ 29 : 2011 (4) LRC 419 (Mad)
Section 125(3)----Execution of arrears of maintenance----Order of imprisonment on failure to pay maintenance in petition under s. 128 of CrPC----Legality----Instead of issuing a warrant for recovery of fine, the magistrate issued a distress warrant which is warrant of imprisonment on failure to pay maintenance----such warrant of imprisonment could be issued only in petition under s. 125(3) of CrPC on getting satisfied that defaulter had failed to company with order without sufficient cause----When there is no judicial finding by Magistrate that failure to pay amount was without sufficient cause and without there being any order imposing imprisonment, it was illegal on part of Magistrate to issue warrant of imprisonment in and to order petitioner to be detained in prison----Issuance of distress warrant for arrest of petitioner----Illegal.