IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 702 of 2000()
1. P.J.JOSEPH
... Petitioner
Vs
1. P.PADMINI AMMA
... Respondent
For Petitioner :SRI.MATHEW JOHN (K)
For Respondent :SRI.ASP.KURUP
The Hon'ble MR. Justice J.B.KOSHY
Dated :25/10/2007
O R D E R
J.B.KOSHY, J.
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Crl.R.P.No.702 OF 2000
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Dated 25th October, 2007
ORDER
The respondent approached the Revenue Divisional Officer
contending that the revision petitioner blocked their pathway. It is
their case that the pathway was being used through the revision
petitioner’s property from time immemorial to reach the Panchayat
road. Even though an interim order was passed by the Revenue
Divisional Officer, later it was vacated stating that there is no
apprehension of breach of peace. There is no question of interference
by the Magistrate under Section 147 of the Code of Criminal Procedure
in the absence of apprehension of breach of peace. However, the
findings in an order under Section 147 Cr.P.C. will not bind the civil
court if a civil case is filed. I am of the opinion that the matter in
dispute in this case is purely of a civil nature. Aggrieved party can
approach the civil court and civil court shall decide the matter
untrammelled by the observations made by the Criminal Court or this
court in this case. The civil court’s decision will be binding on both
sides and since there is no apprehension of breach of peace, order
Crl.R.P.702/2000 2
under Section 147 ought not have been issued in this case.
Therefore, leaving the parties to avail civil remedies, the impugned
order is set aside.
The revision petition is disposed of accordingly.
J.B.KOSHY
Judge
tks