This order dismissed a Criminal Revision Petition challenging an order by the Sub Divisional Magistrate dropping Section 145 Cr.P.C. proceedings. The court upheld the Magistrate's discretion to advise approaching civil courts due to lack of law and order issues and potential rivalry.
The Criminal Revision Petition was dismissed as it had no merit.
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 N.NAGARESH
TUESDAY, THE 12TH DAY OF SEPTEMBER 2023/21ST BHADRA, 1945
CRL.REV.PET NO. 1357 OF 2017
AGAINST THE ORDER/JUDGMENT DATED 10.08.2017 PASSED BY THE SUB DIVISIONAL MAGISTRATE, TIRUR IN CRIME NO.27/2017 OF VENGARA POLICE STATION
REVISION PETITIONERS/'B' PARTY:
1 HAMZA HAJI, AGED 63 YEARS, S/O. HASSAN HAJI, SECRETARY, SADANATHU SIDDIQUI VALVAHA SANGHAM, CHERUR, RESIDING AT PULIKKAL HOUSE, CHERUR, POST KANNAMANGALAM, VENGARA, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676 304.
2 KUNHIMUHAMMED HAJI, S/O. RAYIN HAJI, PULLATT HOUSE, CHERUR, P.O, KANNAMANGALAM, VENGARA, TIRUR TALUK,MALAPPURAM - 676 304.
BY ADVS. SRI.R.RAMADAS SRI.T.SIVADASAN
RESPONDENTS/STATE AND A PARTY:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANKULAM – 31.
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3 SUB INSPECTOR OF POLICE, VENGARA POLICE STATION, VENGARA P.O, MALAPPURAM DISTRICT PIN - 676 304.
4 KUTTYALI HAJI, S/O. ABDUL KHADER,KORATH HOUSE, CHERUR, KANNAMANGALAM P.O, VENGARA, TIRUR TALUK, MALAPPURAM DISTRICT - 676 304.
5 MUHAMMED ALI, S/O. AVARAN HAJI, CHERUVIL HOUSE, CHERUR, KANNAMANGALAM P.O, VENGARA, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676 304.
BY ADVS.
SRI.C.S.HRITHWIK, SENIOR PUBLIC PROSECUTOR SRI.M.KRISHNAKUMAR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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N. NAGARESH, J.
Crl.R.P. No.1357 of 2017
Dated this the 12th day of September, 2023
O R D E R
~ ~ ~ ~ ~ ~
The petitioners in this Crl.R.P. are aggrieved by order dated 10.08.2017 passed by the Sub Divisional Magistrate, Tirur in Crime No.27/2017 of Vengara Police Station, registered under Section 145 of the Cr.P.C.
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petitioners are two office bearers of the Society by virtue of a registered Wakf Deed dated 30.03.1953. The SSV Sangam was conducting Ma-Adanul Uloom Madrasa in the building, which is a Wakf property. The Madrasa was following the syllabus prescribed by the Samastha Kerala Islam Matha Vidyabhyasa Board.
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Police took possession of the Madrasa building of the petitioners as directed by the 2nd respondent- Sub Divisional Magistrate and initiated proceedings under Section 145 Cr.P.C.
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evidence, peruse the claim statements and he will have to decide who among the parties was in fact in possession on the relevant date. Relying on the judgment in Vinod and others v. State of Kerala and others [2014 (3) KHC 591] , the counsel for the petitioners argued that Section 145 authorises the Magistrate to issue a declaratory order in favour of a party that he is entitled to possession until evicted therefrom in due course of law. The 2nd respondent has abdicated his powers, contended the counsel for the petitioners.
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submitted that in response to a report submitted by the Sub Inspector, the Sub Divisional Magistrate's Court stopped all further proceedings in the case and has given order to both the factions for settling the dispute on the ownership of Madrasa building by approaching civil court. Now, the old southern block Madrasa building is closed and at present, no law and order issue is prevailing. The Public Prosecutor, however, submitted that if the old closed Madrasa building is handed over to any of the factions, it will cause rivalry among these two groups and serious law and order problem may arise. It will affect the peace and harmony of the locality.
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regarding the possession and management of Ma-Adanul Uloom Madrasa situated in Kannamangalam Village of Tirurangadi Taluk. It is claimed that the Madrasa was controlled by one SSV Sangam and certain members of the rival group forcibly entered into the building and claimed control thereof.
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advised to approach competent civil court to settle the dispute regarding the possession and title to the Madrasa building.
In the afore circumstances of the case, I find no merit in the Crl.R.P. filed by the petitioners and the same is therefore dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/11.09.2023
1 issue framed by the court
whether the Sub Divisional Magistrate was justified in dropping proceedings under Section 145 Cr.P.C. and advising parties to approach civil court instead of restoring possession.
Hamza Haji and Ors.
State of Kerala represented by the Public Prosecutor
Sub Divisional Magistrate, Tirur
Sub Inspector of Police, Vengara
Kuttyali Haji
Muhammad Ali
N. Nagares
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
