Vijayakumar B vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Feb 29, 2024

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Citation: sooperkanoon.com/1306487
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Feb 29, 2024
Case Number: Crl.MC/1115/2024

Parties & Advocates

Appellant / Petitioner

Vijayakumar B

Respondent

State of Kerala

Excerpt

.....challenges annexure-c order dated 22.11.2023 issued by the sub divisional magistrate, nedumangadu under section 133 of the cr.p.c.2. the impugned order is only preliminary in nature. those partieswho are objecting to a preliminary order issued under section 133 of cr.p.c. has the remedy of filing an objection to the said order. annexure- d is the objection so filed by the petitioner. if an objection is filed to anorder issued under section 133 of cr.p.c., necessarily, the learnedmagistrate is bound to follow the procedure prescribed under the statute.3. in this context, it is necessary to mention the contention of thepetitioner that there are two civil suits with respect to the same issue pending before the civil court and the sub divisional magistrate has no jurisdiction or authority to consider the present complaint during the existence of the civil suit. though there is some force in the contentions now advanced, those are all matters to be considered by the learned magistrate in the proceedings now initiated under section 133 of cr.p.c. there is no reason to assume that the sub divisional magistrate will not follow the proceedings provided under chapter x of the cr.p.c., especially sections 137 and 138 of the cr.p.c. reserving the liberty of the petitioner to contest the matter before the sub divisional magistrate, this crl.m.c.is dismissed. sd/- bechu kurian thomas, judge rkm appendix of crl.mc 1115/2024 petitioner's annexures :annexure a true copy of the plaint in o.s.no.114/2023 on the file of munsiff court, nedumangad filed by the 2ndrespondent annexure b true copy of the order of temporary injunction dated 24-05-2023 in o.s.no.384/2023 on the file of additional munsiff, nedumangad annexure c true copy of the order in m.c.no.237/2023 dated 22/11/2023 issued by the sub divisional magistrate, nedumangad annexure d true copy of the objection filed by the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 PETITIONER/ COUNTER PETITIONER : VIJAYAKUMAR B, AGED 64 YEARS, S/O BHASKARAN NAIR, T.C.NO.22/182, SARASWATHI NILAYAM, SWATHI NAGAR LANE, PEROORKADA P.O, THIRUVANANTHAPURAM, PIN - 695 005 BY ADVS. S.MOHAMMED AL RAFI THAJUNA MARIA FRANCIS RESPONDENT/ STATE & COMPLAINANT : 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031 2 HASEENA D/O NASEEMA BEEVI, VARIAKKONATH, KIZHAKKELA, 6TH WARD, KARAKULAM PANCHAYAT, KARAKULAM VILLAGE,NEDUMANGAD TALUK, THIRUVANANTHAPURAM, PIN - 695 564 SRI. NOUSHAD K.A., PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
Crl.M.C.No.1115 of 2024 Dated this the 29th day of February, 2024

ORDER

Petitioner challenges Annexure-C order dated 22.11.2023 issued by the Sub Divisional Magistrate, Nedumangadu under Section 133 of the Cr.P.C.

2. The impugned order is only preliminary in nature. Those parties

who are objecting to a preliminary order issued under Section 133 of Cr.P.C. has the remedy of filing an objection to the said order. Annexure- D is the objection so filed by the petitioner. If an objection is filed to an

order issued under Section 133 of Cr.P.C., necessarily, the learned

Magistrate is bound to follow the procedure prescribed under the statute.

3. In this context, it is necessary to mention the contention of the

petitioner that there are two civil suits with respect to the same issue pending before the civil court and the Sub Divisional Magistrate has no jurisdiction or authority to consider the present complaint during the existence of the civil suit. Though there is some force in the contentions now advanced, those are all matters to be considered by the learned Magistrate in the proceedings now initiated under Section 133 of Cr.P.C. There is no reason to assume that the Sub Divisional Magistrate will not follow the proceedings provided under Chapter X of the Cr.P.C., especially Sections 137 and 138 of the Cr.P.C. Reserving the liberty of the petitioner to contest the matter before the Sub Divisional Magistrate, this Crl.M.C.is dismissed. Sd/- BECHU KURIAN THOMAS, JUDGE RKM APPENDIX OF CRL.MC 1115/2024 PETITIONER'S ANNEXURES :

Annexure A          TRUE    COPY     OF     THE   PLAINT   IN
                    O.S.NO.114/2023 ON    THE FILE OF MUNSIFF
                    COURT,   NEDUMANGAD    FILED BY   THE 2ND

RESPONDENT Annexure B TRUE COPY OF THE ORDER OF TEMPORARY INJUNCTION DATED 24-05-2023 IN O.S.NO.384/2023 ON THE FILE OF ADDITIONAL MUNSIFF, NEDUMANGAD Annexure C TRUE COPY OF THE ORDER IN M.C.NO.237/2023 DATED 22/11/2023 ISSUED BY THE SUB DIVISIONAL MAGISTRATE, NEDUMANGAD Annexure D TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN M.C.NO.237/2023 ON THE FILE OF SUB DIVISIONAL MAGISTRATE, NEDUMANGAD

Same Court & Year Kerala Orders · 2024 Same Parties Vijayakumar B vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas