IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4516 of 2008()
1. CHAPPANGATHIL CHEKKUTTY HAJI
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
2. KALATHIL ABDUL RAHIMAN
For Petitioner :SRI.P.G.THAMPI (SR.)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :27/01/2009
O R D E R
R. BASANT, J.
-------------------------------------------------
Crl.M.C. No. 4516 of 2008
-------------------------------------------------
Dated this the 27th day of January, 2009
ORDER
The petitioner has come to this Court complaining about
the initiation of M.C.35/08 by the Sub Divisional Magistrate,
Tirur. Action has been initiated under Sec.145 Cr.P.C. It
appears that there is a dispute between the two factions of
believers about the management/possession of a Mosque.
Though some earlier arrangements were made, it appears that
the same was not working and the police was hence compelled
to seek action under Sec.145 Cr.P.C. The preliminary order
has been passed. The parties have already appeared before
the SDM. Statements have already been filed also, it is
submitted.
2. Though on 26/11/08 it was observed that if the SDM
feels the necessity, he must make appropriate arrangements
under Sec.146 Cr.P.C., no such arrangements have been made.
Crl.M.C. No. 4516 of 2008 -: 2 :-
It is also conceded at the Bar that neither party has sought
arrangements under Sec.146 Cr.P.C. by the SDM.
3. I am satisfied, in these circumstances, that no further
directions are necessary in this Crl.M.C. and the interests of
justice will be served ideally by directing the SDM to
expeditiously complete the proceedings under Sec.145 Cr.P.C.
and pass appropriate final orders. Such orders must be made by
the SDM within a period of 60 days from this date by posting the
case to day-to-day if that be necessary. I repeat that if the SDM
feels the necessity, he can make appropriate arrangements
under Sec.146 Cr.P.C. also. It shall be open to either of the
parties to seek such direction under Sec.146 Cr.P.C. from the
SDM.
4. With the above observations/directions, this Crl.M.C. is
dismissed.
5. Hand over a copy of this order to the learned counsel
for the petitioner for production before the SDM. The SDM
shall report compliance of the above directions after disposing of
M.C. No.35/08 within a period of 60 days from the date on which
a copy of this order is placed before him.
Sd/-
(R. BASANT, JUDGE)
Nan/ //true copy// P.S. to Judge
Crl.M.C. No. 4516 of 2008 -: 3 :-