As already noticed in the O.P.(Crl) that has been referred before this bench, Ext.P13 order of the Additional District and Sessions Judge, Kollam in the Crl.Rev.18/2013 preferred against the order of the Sub Divisional Magistrate is impugned. By Ext.P13 order, the Additional District and Sessions Judge set aside the order, dated 30.4.2013 of the Sub Divisional Magistrate, finding that such an order could not have been passed by the Sub Divisional Magistrate in exercise of his powers under Section 138 of the Cr.P.C. Although we are told by the learned counsel for the petitioner herein that, Ext.P12 judgment of this court, directing the Kollam Corporation to implement the order of the Sub Divisional Magistrate, was brought to the notice of the learned Additional Sessions Judge through Ext.P13 communication, we find that there is no reference to the said judgment in the Ext.P13 order of the Additional Sessions Judge. We are certain that, had the said judgment been taken note of by the Additional Sessions Judge, an order in the nature of Ext.P13 would not have been passed by the said judge. In as much as the order of the Sub Divisional Magistrate has found approval through Ext.P12 judgment of this court, which directs the Kollam Corporation to implement the directions in the said order, we are of the view that Ext.P13 order of the Additional Sessions Judge, Kollam cannot be legally sustained. The O.P.(Crl) is, therefore, allowed by quashing Ext.P13 order and dismissing the revision petition before the Additional Sessions Judge.
