In a criminal miscellaneous petition, the Kerala High Court addressed the legality of orders passed by the Sub Divisional Magistrate under Section 107 Cr.P.C. The Court quashed the orders as they were unsupported by adequate satisfaction.
Annexures-A2 and A3 are hereby quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY, THE 21ST DAY OF MARCH 2016/1ST CHAITHRA, 1938
Crl.MC.No. 362 of 2016 ()
MC. NO.129/2015 OF SUB DIVISIONAL MAGISTRATE COURT, THALASSERY.
PETITIONERS/COUNTER PETITIONERS 1 TO 3:
1. A. ASOKAN, AGED 51 YEARS, S/O. GOVINDAN, GOVINDAM HOUSE, CHERUVANCHERI, KANNUR DISTRICT.
2. KUTTICHI PREMAN, AGED 48 YEARS, S/O. DAMODARAN, AMAR HOUSE, PATTIAM AMSOM DESOM, PATHAYAKUNNU P.O., KANNUR DISTRICT.
3. MAMMALI DIVAKARAN, AGED 50 YEARS, S/O. KRISHNAN, MAMMALI HOUSE, CHERUVANCHERI, KANNUR DISTRICT.
RESPONDENTS/PETITIONERS :
1. STATE OF KERALA, THROUGH STATION HOUSE OFFICER, KANNAVAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE SUB DIVISIONAL MAGISTRATE, THALASSERY-670 101.
BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 362 of 2016
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE A1 : A COPY OF THE DAILY STATUS DTD. 14.12.2015 IN OS NO.498 OF 2015 OF MUNSIFF COURT, KOOTHUPARAMBA. ANNEXURE A2 : COPY OF THE PROCEEDINGS NO.E 11423/2015 DTD. 03.12.2015 UNDER SECTION 145 CR.P.C. OF THE SUB DIVISIONAL MAGISTRATE, THALASSERY. ANNEXURE A3 : COPY OF THE ORDER IN MC NO.129/2015 DTD. 03.12.2015 ISSUED BY THE SUB DIVISIONAL MAGISTRATE, THALASSERY.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
B.KEMAL PASHA, J.
================ Crl.M.C. No.362 of 2016
======================= Dated this the 21st day of March, 2016
O R D E R
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
that petitioners 1 and 2 are accused in Crime
Crl.M.C. No.362 of 2016
-: 2 :-
No.711/2014 of the Kannavam Police Station, Kannur District, for the offences under Sections 143, 145, 147, 160 and 283 read with Section 149 IPC and 117(e) of the Kerala Police Act. Further, the 3rd petitioner is an accused in Crime No.886/2014 of the Kannavam Police Station, for the offences under Sections 143, 147, 148, 351, 323, 324, 308 and 502(ii) read with Section 149 IPC.
Crl.M.C. No.362 of 2016
-: 3 :-
irregular and improper and is liable to be quashed. Similarly, Annexure-A2 also is liable to be quashed.
In the result, this Crl.M.C is allowed and
Annexures-A2 and A3 are hereby quashed.
Sd/- B.KEMAL PASHA, JUDGE
stu
2 issues framed by the court
Whether the satisfaction required for initiating proceedings under Section 107 Cr.P.C. is present merely because the petitioners are accused in separate criminal cases.
Whether the orders passed under Section 111 Cr.P.C. and Section 145 Cr.P.C. are illegal, irregular, and improper for lack of satisfaction.
2 provisions across 1 enactments
A. ASOKAN
KUTTICHI PREMAN
MAMMALI DIVAKARAN
STATE OF KERALA
SUB DIVISIONAL MAGISTRATE, THALASSERY
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
