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.
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CRL.M.C. No.386 of 2005
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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: