IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1512 of 2007()
1. K.SALIH, AGED 30 YEARS,
... Petitioner
2. S.A.SHAFI, AGED 30 YEARS,
3. A.ABDULLA, AGED 35 YEARS,
4. K.V.VINOD, AGED 33 YEARS,
Vs
1. THE STATE OF KERALA REPRESENTED
... Respondent
For Petitioner :SRI.T.K.VIPINDAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :06/06/2007
O R D E R
R. BASANT, J.
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CRL.M.C.NO. 1512 OF 2007
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Dated this the 6th day of June, 2007
ORDER
The petitioners are counter petitioners in a proceedings
initiated under Sec.109 of the Cr.P.C. by the Sub Divisional
Magistrate, Thalassery. The petitioners have come before this
Court with a prayer that the proceedings against them may be
quashed.
2. What are the reasons to justify the invocation of the
powers under Sec.482 of the Cr.P.C.? Two grounds are
raised. First of all, the learned counsel for the petitioners
contends that they are not the residents within the jurisdiction
of the Sub Divisional Magistrate, Thalassery, who has initiated
the proceedings and, in these circumstances, the Sub
Divisional Magistrate lacks the territorial jurisdiction to pass
the order.
3. After discussions at the Bar, the learned counsel for
the petitioners does not press that contention. It is evident
CRL.M.C.NO. 1512 OF 2007 -: 2 :-
that the apprehended mischief falls within the jurisdiction of the
Sub Divisional Magistrate, Thalassery and in these
circumstances, the mere fact that the petitioners are not
residents within the jurisdiction of the Magistrate cannot affect
the jurisdiction of the Sub Divisional Magistrate.
4. Secondly, it is contended that the allegations are
unacceptable and do not constitute sufficient ground to initiate
the proceedings. I shall scrupulously avoid any expression of
opinion on merits. The learned Public Prosecutor submits that
the proceedings have already started and the principal witness
has already been examined and is remaining in the box cross-
examined in part. I am, in these circumstances, satisfied that no
orders invoking the extraordinary inherent jurisdiction under
Sec.482 of the Cr.P.C. need be passed in the matter.
5. This Crl.M.C. is, in these circumstances, dismissed. I
may hasten to observe that the dismissal of this Crl.M.C. will not
in any way fetter the rights of the petitioners to raise all relevant
and appropriate contentions before the Sub Divisional
Magistrate.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy// P.S. To Judge