High Court Kerala High Court

P.C.Ramakrishnan vs Sub Divisional Magistrate on 26 June, 2008

Kerala High Court
P.C.Ramakrishnan vs Sub Divisional Magistrate on 26 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 386 of 2005()


1. P.C.RAMAKRISHNAN, HEADMASTER,
                      ...  Petitioner

                        Vs



1. SUB DIVISIONAL MAGISTRATE,
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

3. MANAGER, S.N.U.P.SCHOOL,

4. STATE OF KERALA, REP. BY

                For Petitioner  :SRI.K.T.SHYAMKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.K.MOHANAN

 Dated :26/06/2008

 O R D E R
                     V.K.MOHANAN, J.
         ----------------------------------------------
                 CRL.M.C. No.386 of 2005
         ----------------------------------------------
                  Dated, 26th June, 2008.

                           ORDER

The counter petitioner in M.C. 96/2004 on the file

of the Sub Divisional Magistrate’s court, Palakkad is the

petitioner herein. In this petition filed under Section

482 of Cr.P.C. he seeks an order quashing Annexure A7

proceedings in M.C.96/2004 pending before the above

court.

2. Petitioner is the Headmaster of S.N.U.P School,

Nallamadanchalla in Palakkad District. According to the

petitioner, the Manager who is the 3rd respondent in this

Crl.M.C. and the petitioner are not in good terms.

Counsel for the petitioner submitted that he was forced

to initiate several proceedings against the Manager, the

3rd respondent, due to his nefarious activities. It is the

case of the petitioner that the petitioner was placed

under suspension by the 3rd respondent and at the

interference of the departmental authorities, he was

CRL.M.C.No.386 of 2005
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ordered to reinstate in service, but the 3rd respondent

did not comply with the direction. Finally, the

departmental authorities took steps against the 3rd

respondent and he had approached this Court against the

proceedings of the departmental authorities. It is the

case of the petitioner that since the 3rd respondent

continued his attack against the petitioner, he was

constrained to approach this Court by filing petition for

police protection. It is also the case of the petitioner that

since the police has registered case against the 3rd

respondent at the instance of the petitioner, the 3rd

respondent was very much infuriated and hence, at the

instance of the 3rd respondent, certain criminal cases

have been registered against the petitioner and on the

basis of the above criminal case registered by the police,

the Ist respondent by invoking Section 111 of Cr.P.C.

issued show cause notice against the petitioner as to why

an order under section 107 shall not be issued against

the petitioner. Annexure A7(1) is the notice dated 4-12-

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2004 issued under section 113 of Cr.P.C. Annexure A7

(2) is the order passed by the Ist respondent under

section 111 of Cr.P.C. by which the petitioner was asked

to execute a bond under section 107 of Cr.P.C. for a

period of one year so as to prevent him from involving

in law and order problem. It is the above order sought to

be quashed in this proceedings.

3. I have heard the counsel for the petitioner as

well as the learned Public Prosecutor.

4. The learned Public Prosecutor submitted that

after the issuance of Annexure A7(2) order, no law and

order situation has been created at the instance of the

petitioner and he had not involved in any crime

subsequently.

In view of Section 111 of Cr.P.C., it is for the

authority to issue orders under sections 107, 108, 109 or

110 to fix the terms of the bond to be in force. As

evidenced by Annexure A7(2) order, the period is fixed

as one year as per Section 111 of Cr.P.C. That one year

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period is already expired by 22nd November, 2005. Now

we are in 2008. Nothing brought to my notice by the

Public Prosecutor to show whether the period fixed by

Annexure A7(2) is extended further or not. In the

absence of any order extending the period already fixed

as per Annexure A7(2), this Crl.M.C. has become

infructuous as the period fixed under section 111 of

Cr.P.C. is over by 22nd November, 2005. In the absence

of any order extending the period fixed by Annexure A7

(2), virtually this Crl.M.C. has become infructuous as the

petitioner has no cause of action.

In the result, the above Crl.M.C. is dismissed as

infructuous.

V.K.MOHANAN, JUDGE

kvm/-

CRL.M.C.No.386 of 2005
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V.K.MOHANAN, J.

No….

Judgment/Order

Dated: