Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.K.MOHANAN FRIDAY, THE 26TH DAY OF JULY 2013 4TH SRAVANA, 1935 Crl.MC.No. 3129 of 2013 ---------------------------------- [IN M.C. NO.204/2013 OF THE SUB DIVISIONAL MAGISTRATE COURT, ALAPPUZHA] .............. PETITIONER/PETITIONERS: ---------------------------------------- 1. AJIMON, AGED 36 S/O.THANKAPPAN PILLAI, KIZHAKKEKALARIKAL VEETTIL, WARD 10 THURAVOOR PANCHAYATH.
2. BINU @ REMANAN, S/O.PURUSHAN, KAIPPOLY COLONY, WARD 5 THURAVOOR PANCHAYATH. BY ADV. SRI.B.PRAMOD. RESPONDENTS/STATE & PETITIONER: -------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE, KUTHIATHODU POLICE STATION, ALAPPUZHA DISTRICT. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. CRL.M.C. NO.3129/2013: APPENDIX PETITIONERS' ANNEXURE: ANNEXURE I- TRUE COPY OF THE SHOW CAUSE NOTICE DATED 27 06.2013 ISSUED BY THE SUB DIVISIONAL MAGISTRATE, ALAPPUZHA. RESPONDENTS' ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. V.K.MOHANAN, J.
------------------------------------------ Crl.M.C.No.3129 of 2013 ------------------------------------------- Dated this the 26th day of July, 2013 ORDER The petitioners are aggrieved by Annexure-I purportedly issued under Section 107 of Cr.P.C in which they are shown as second party and hence preferred the above petition under Section 482 of Cr.P.C. It appears that the Sub Divisional Magistrate, Alappuzha, who is not a party in this petition issued a show cause notice dated 27/06/2013 purportedly under Section 107 of Cr.P.C. asking the petitioners to show cause, why they should not be required to enter into a bond for keeping the peace as envisaged under Section 107 of Cr.P.C. Aggrieved by the above show cause notice, the petitioners preferred the above petition.
2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor .
3. Learned counsel submitted that going by Annexure-I show cause notice it is obvious that Sub Divisional Magistrate, Alappuzha has not referred to any materials or Crl.M.C.No.3129 of 2013 :-2-: evidence to issue a show cause notice under Section 107 of Cr.P.C. The learned Public Prosecutor has also fairly submitted that Annexure-I show cause notice not strictly in accordance with the procedure prescribed under Section 107 of Cr.P.C.
4. On a perusal of Annexure-I, it can be seen that though F.I.R. No.456/2013 of Kuthiathode Police Station is referred in Annexure-I, no other materials are cited or referred to by the learned Sub Divisional Magistrate, Alappuzha, so as to come into a conclusion for his satisfaction that the petitioners herein are liable to be proceeded under Section 107 of Cr.P.C. So according to me, Annexure-I is not sustainable either on facts or on law, in view of Section 107 of Cr.P.C. In the result this M.C. is disposed of quashing Annexure-I and all further proceedings initiated against the petitioners in pursuant to Annexure-I. But it is made clear that quashing of Annexure-I will not stand in the way of the Sub Divisional Magistrate, Alappuzha in initiating proceedings Crl.M.C.No.3129 of 2013 :-3-: against the petitioners, if the facts and circumstances and the materials and evidence demand such action and the learned Magistrate arrive on such satisfaction. V.K.MOHANAN, JUDGE skj True copy P.A. to Judge