Reghu v. State of Kerala
Case brief
What is this about?
Petitioners challenged an order making a conditional order absolute under Section 138 CrPC for nuisance caused by dumping cow dung. The High Court held the procedure was illegal as Section 137 was skipped.
What did the court decide?
Order dated February 7, 2011 set aside; matter remitted to Sub Divisional Magistrate to follow Section 137 and 138 procedures.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH
TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933
Crl.MC.No. 625 of 2011()
-----------------------MC.517/10/D OF SUB DIVISIONAL MAGISTRATE FORTKOCHI
PETITIONER(S): COUNTER PETITIONERS:
-------------------------------------------------------------
1. REGHU, AGED 45 YEARS, S/O.LAKSHMANAN, RESIDING AT VELIYATHU VEETTIL, CHERANALLUR, ERNAKULAM, COCHIN-682 034.
2. SURESH, AGED 42 YEARS, S/O.LAKSHMANAN, RESIDING AT VELIYATHU VEETTIL, CHERANALLUR, ERNAKULAM, COCHIN-682 034.
BY ADV. SRI.PEEYUS A.KOTTAM
Issues for consideration
3 issues framed by the court
Whether the procedure adopted under Section 138 of the Code of Criminal Procedure for making a conditional order absolute was legally sustainable when the prima facie finding of bona fide denial of pu
Whether the Sub Divisional Magistrate was required to proceed under Section 137 before making the order absolute under Section 138 of the Code?
What is the correct procedural course for a Sub Divisional Magistrate when a conditional order under Section 133 is not complied with?
Parties & counsel
- petitioner
Reghu
- petitioner
Suresh
- respondent
State of Kerala
- respondent
Susheela Sathyaseelan
Coram
Case details
As recorded by the court registry
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