Remanded

P.Aboobacker, v. P.Abdul Rahim

Kerala HC29 Mar 2021Crl.Rev.Pet/189/2021

Case brief

AI extract

What is this about?

The High Court of Kerala, in a criminal revision petition challenging an order directing status quo under Sections 147(3) and 145 Cr.P.C., set aside the order as confusing and non-compliant with the statute. The matter was remanded to the Sub-Divisional Magistrate to ascertain the likelihood of breach of peace and dispose of the issue within three weeks.

What did the court decide?

The order directing status quo was set aside and the matter was remanded to the Sub-Divisional Magistrate to be heard within three weeks after obtaining a police report on breach of peace.

P.Aboobacker, Vs P.Abdul Rahim — Constitutional and Fundamental Rights | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶4

MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

¶5

Crl.Rev.Pet.No.189 OF 2021

¶6

AGAINST THE ORDER/JUDGMENT IN MC 44/2020 OF SUB DIVISIONAL MAGISTRATE COURT, KOZHIKODE

¶7

REVISION PETITIONERS/B PARTY

¶8

1 P.ABOOBAKER, AGED 61 YEARS, S/O. AHAMED KUTTY, NANMANDA AMSOM DESOM P.O., NANMANDA, KOZHIKODE TALUK, KOZHIKODE DISTRICT, SECRETARY BALUSSERI MAHALLU MUSLIM JAMA-ATH P.O. NANMANDA, KOZHIKODE DISTRICT, PIN-673 613.

¶9

2 E.K.SUBAIR, AGED 54 YEARS, S/O. N.AHAMED KOYA PRESIDENT, BALUSSERRY MAHALLU MUSLIM JAMA-ATH P.O. NANMANDA, KOZHIKODE DISTRICT, PIN-673 613.

¶10

BY ADVS. SRI.P.A.ABDUL JABBAR SRI.MUHAMMED SHAFFI SRI.SHAHIM BIN AZIZ

¶11

RESPONDENTS/A PARTY & STATE

¶12

1 P.ABDUL RAHIM, AGED 71 YEARS, S/O. MAMMU HAJI, KOLLANKANDY HOUSE, P.O. BALUSSERY, KOZHIKODE DISTRICT, PIN-673 612.

¶13

2 MUHAMMED FAIZAL, AGED 45 YEARS, S/O. SAIDU MUHAMMED HAJI, PUTHIYOTTIL HOUSE, P.O. BALLUSSERY, KOZHIKODE DISTRICT, PIN-673 612.

¶14

3 MUHAMMED ABBAS K.P., AGED 58 YEARS, S/O. K.P.ABDUL KHADER, ALAMKOTTU HOUSE, P.O. VATTOLLI BAZAR, KOZHIKODE DISTRICT, PIN-673 612.

¶15

4 THE SUB DIVISIONAL MAIGSTRATE, KOZHIKODE, KOZHIKODE DISTRICT, PIN-673 020.

¶16

Crl.Rev.Pet.No.189 OF 2021 2

¶17

5 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031.

¶18

R1-3 BY ADV. SRI.C.VATHSALAN R1-3 BY ADV. SRI.K.RAKESH ROSHAN R1-3 BY ADV. SMT.THUSHARA.V

¶19

PUBLIC PROSECUTOR SRI E.C BINEESH

¶20

THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 29.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶21

Crl.Rev.Pet.No.189 OF 2021 3

¶22

ORDER

¶23

The order directing status quo presumably

¶24

passed under Section 147(3) Cr.P.C. by the SubDivisional Magistrate is under challenge. The said order was issued pertaining to a dispute between two factions regarding the administration and possession of a mosque and election of respective offices by which, the faction to which the petitioner belonged won the match.

¶25

The order of status quo without referring the present status would create lot of confusion as to what actually meant by the order. It is really not in accordance with the mandate under Section 147(3) r/w Section 145 Cr.P.C. Hence, a fresh consideration is required in the matter. The order of status quo for that purpose is hereby set aside and the matter is remanded back to the learned Sub-Divisional Magistrate. The parties shall appear before the Sub-Divisional Magistrate

¶26

Crl.Rev.Pet.No.189 OF 2021 4

¶27

on 16/04/2021. The Sub-Divisional Magistrate shall ascertain the likelihood of breach of peace at the present situation, for which a report of the police shall be obtained. There will be a further direction to dispose of the matter within a period of three weeks from the date of appearance of parties and shall report compliance.

¶28

Crl.M.C. is allowed in part accordingly.

Sd/-

P.SOMARAJAN

JUDGE

//TRUE COPY//

P.A. TO JUDGE

MSP

P.Aboobacker, v. P.Abdul Rahim

Case brief

What is this about?

What did the court decide?

P.Aboobacker, v. P.Abdul Rahim

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Soma Enterprise Ltd. Vs State

Soma Enterprises Vs State

Fathimath Fasseena Vs Thalayantakath Abdul Kareem

G.S.Gunasekharan Vs State of Kerala

V.R.Suresh Vs the State of Kerala

John Peter Vs State of Kerala