Shajahan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 Crl.MC.No. 5732 of 2015 () --------------------------- MC.NO. 56/2015 OF SUB DIVISIONAL MAGISTRATE COURT, FORT KOCHI ---------------------- PETITIONER/COUNTER PETITIONER :

-------------------------------------------------------- SHAJAHAN S/O.MUHAMMED, ANIKKATH HOUSE, KAIPPADAMUGHAL VADACODE KARA, KALAMASSERY, ERNAKULAM DISTRICT. BY ADV. SMT.O.H.NAZEEBA RESPONDENTS/STATE & ACCUSED :

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.565 OF 2015 OF SUB INSPECTOR OF POLICE KALAMASSERY POLICE STATION)

2. SUB DIVISIONAL MAGISTRATE, FORT KOCHI.

R1 & R2 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-

Crl.MC.No. 5732 of 2015 () ------------------------------------- APPENDIX PETITIONERS' ANNEXURES :

------------------------------------------- ANNEXURE A1:

COPY OF THE ORDER DATED 28-4-2014 SERVED ON THE 1ST PETITIONER OF THE SUB DIVISIONAL MAGISTRATE, FORT KOCHI IN M.C.NO.56 OF 2015.

RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

ALEXANDER THOMAS, J.

================== Crl.M.C.No.5732 of 2015 ================== Dated this the 20th day of August , 2015

O R D E R

The matter in issue raised in this Criminal Miscellaneous Case is covered against the respondent-State by the legal principles laid down by this Court in Santhosh v. State of Kerala reported in 2014

(3) KLT 837 as well as the judgment dated 19.12.2014 of this Court rendered in the case Sajeesh.K v. State of Kerala in Crl.M.C.No.7259/2014 and connected cases reported in 2014 SCC Online Ker. 27899 dealing with similar impugned proceedings under Sec. 107 of the Cr.P.C. The impugned orders in this case is similar or almost identical to the one considered in the above said reported rulings of this Court.

2.

Accordingly, in tune with the directions issued by this Court in the said reported decisions, the impugned orders in this case is quashed with liberty to the Sub Divisional Magistrate concerned to take fresh action, if actually necessary, after complying with all the statutory procedural requirements and after applying the legal principles laid down in the aforementioned reported rulings of

Crl.M.C.No.5732 of 2015 -:2:- this Court and in accordance with law.

3. With these observations and directions, the Crl.M.C stands finally disposed of.

Sd/- ALEXANDER THOMAS, JUDGE AVS