Petitioner challenged via writ petition a preliminary order under Section 133 CrPC issued without hearing. Court held such remedy exists only under CrPC ahead of Art. 226 and dismissed petition, reserving liberty.
The original petition is dismissed, reserving liberty to proceed under the provisions of the Cr.P.C.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 10TH DAY OF JULY 2023 / 19TH ASHADHA, 1945
OP(CRL.) NO. 526 OF 2023
AGAINST THE ORDER/JUDGMENTMC 217/2023 OF SUB DIVISIONAL COURT,FORT COCHIN
MC 217/2023 OF SUB DIVISIONAL COURT,FORT COCHIN
PETITIONER/S:
IQBAL.K.K
AGED 63 YEARS
S/O. T.K.KADER, MARVA, LISSIE - PULLEPADI ROAD,
ERNAKULAM NORTH.P.O., ERNAKULAM DISTRICT, PIN - 682018
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
BIJOY SAM GEORGE
RESPONDENT/S:
1SUB DIVISIONAL MAGISTRATE
(REVENUE DIVISIONAL OFFICER ) FIRST FLOOR, KB JACOB RD,
FORT KOCHI, KOCHI, KERALA, PIN - 682001
2 CORPORARTION OF KOCHI BOAT JETTY, ERNAKULAM DISTRICT REPRESETED BY ITS SECRETARY, PIN - 6820113 K B SREEKUMAR S/O BALAKRISHNAN , KANNANGANAT HOUSE, MULLASSERY CANAL ROAD, ERNAKULAM DISTRICT, PIN - 682011OTHER PRESENT:
SRI.C.N.PRABHAKARAN-SR.PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
10.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
======================== O.P.(Crl.)No.526 of 2023
------------------------------------------------
Dated this the 10th day of July 2023
JUDGMENT
Petitioner challenges Ext.P7 order issued by the 1st respondent. Petitioner contends that the order has been issued without hearing him and hence it is perverse and liable to be interfered with.
Accordingly, reserving the liberty of the petitioner to proceed in accordance with law, under the provisions of Cr.P.C., this original petition is dismissed.
sd/
BECHU KURIAN THOMAS JUDGE
jm/
APPENDIX OF OP(CRL.) 526/2023
PETITIONER EXHIB |
ITS |
|---|---|
Exhibit P1 |
A TRUE COPY OF THE ACKNOWLEDGEMENT DATED16.02.2023 ISSUED BY THE 2ND RESPONDENT INTHE NAME OF THE PETITIONER |
Exhibit P2 |
A TRUE PHOTOGRAPH SHOWING THE UNAUTHORIZEDCONSTRUCTION MADE BY THE 3RD RESPONDENT INTHE PROPERTY IN MULLASSERY CANAL ROAD UNDERTHE JURISDICTION OF THE 1ST RESPONDENT |
Exhibit P3 |
A TRUE COPY OF THE COMPLAINT MADE BY THEPETITIONER DATED 15.05.2023 BEFORE THE 2NDRESPONDENT |
Exhibit P4 |
A TRUE COPY OF THE AKNOWLEDGEMENT DATED16.05.2023 ISSUED BY THE 2ND RESPONDENTEVIDENCING RECEIPT OF EXHIBIT P3 COMPLAINT |
Exhibit P5 |
. A TRUE COPY OF THE COMPLAINT DATED16.05.2023 FILED BY THE 3RD RESPONDENT BEFORETHE 1ST RESPONDENT |
Exhibit P6 |
A TRUE COPY OF JUDGMENT MADE IN WP(C) NO17229/2023 ON 30.05.2023 |
Exhibit P7 |
. A TRUE COPY OF THE ORDER PASSED BY THE 1STRESPONDENT UNDER SECTION 133 OF THE CRPC ON12.06.2023 |
Exhibit P8 |
A TRUE COPY OF THE INTERIM ORDER MADE INWP(C) 5751/2023 DATED 20.02.2023 ISSUED BYTHIS HON'BLE COURT |
Exhibit P9 |
A TRUE COPY OF THE COMMUNICATION DATED08.02.2023 BY THE ASSISTANT EXECUTIVEENGINEER ATTACHED TO THE 2ND RESPONDENTSOFFICE CALLING UPON THE PETITIONER TO PRODUCESTABILITY CERTIFICATE FROM A STRUCTURALENGINEER |
Exhibit P10 |
A TRUE COPY OF THE STABILITY CERTIFICATEDATED 16.02.2022 FROM AN A GRADE APPROVEDSTRUCTURAL ENGINEER NAMELY MR. AHMED KABIR MS |
1 issue framed by the court
Whether an original civil writ petition is maintainable to challenge a preliminary order issued under Section 133 of the Cr.P.C.
2 provisions across 2 enactments
IQBAL.K.K
SUB DIVISIONAL MAGISTRATE
CORPORATION OF KOCHI
K B SREEKUMAR
BECHU KURIAN THOMAS
As recorded by the court registry
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