IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 171 of 2007()
1. SADHIQ, S/O. IBRAHIM KUTTY,
... Petitioner
2. SATHAR, S/O. NOORUDHEEN,
3. SHAFEEQ, S/O. IBRAHIMKUTTY,
4. NOUSHAD, S/O. MOIDEENKUNJU,
5. SHAJI, S/O. UMMAR,
6. SUDHEER, S/O.SALAHUDEEN,
7. SATHAR, S/O. ALIKUNJU,
8. BASHEER, S/O.HASSANKUNJU,
9. ANZAR, S/O. ALIKUNJU,
10. MUNEER, S/O. MUHAMMED,
11. ABDUL JABBAR, S/O. ABDULMAJEED,
12. SHAJI, S/O. SULAIMAN,
13. NOUSHAD, S/O. MUHAMMEDKUNJU,
14. SADIQ, S/O. ABDUL AZIZ,
15. SABU, S/O. IBRAHIMKUTTY,
16. NADEER, S/O. SHAHULHAMEED,
17. SANEER, S/O.MUHAMED KUNJU,
18. SHIHAB, S/O.SIYAD,
19. JILAMI, S/O. ABDUL SALAM,
20. NOUSHAD, S/O.SHAHUL HAMEED,
21. RASHEED, S/O. ABDUL AZIZ,
22. NIZAR, S/O. MUHAMMED KUNJU,
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. THE SUB DIVISIONAL MAGISTRATE, KOLLAM.
3. STATE OF KERALA,
For Petitioner :SRI.SUNNY MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :22/01/2007
O R D E R
R.BASANT, J
------------------------------------
Crl.M.C.No.171 of 2007
-------------------------------------
Dated this the 22nd day of January, 2007
ORDER
The petitioners are 22 of the 36 persons against whom the Sub
Divisional Magistrate has initiated proceedings under Section 107
Cr.P.C on the basis of a report submitted to the Sub Divisional
Magistrate by the local Sub Inspector of Police. The petitioners have
not appeared before the Sub Divisional Magistrate, but have in turn
come to this Court with a prayer that the proceedings initiated against
them may be quashed.
2. Under Section 107 Cr.P.C, the petitioners were called
upon to show cause before the learned Sub Divisional Magistrate as to
why they should not be ordered to execute bonds. Normally the
petitioners must be expected to appear before the Sub Divisional
Magistrate and take the course available to them under Section 107
Cr.P.C.
3. In an appropriate case, the procedure prescribed under
Section 107 Cr.P.C will not fetter the jurisdiction of this Court under
Section 482 Cr.P.C to quash the proceedings. But having gone
through Annexure-A2 report submitted to the Sub Divisional
Magistrate by the Sub Inspector of Police and Annexure-A3 order
Crl.M.C.No.171 of 2007 2
passed by the learned Magistrate, I am satisfied that this is an
eminently fit case where the petitioners must take resort to the
ordinary and regular course of appearing before the Sub Divisional
Magistrate and showing cause. I do not find any compelling reasons
which would justify the invocation of the extra ordinary inherent
jurisdiction under Section 482 Cr.P.C to prematurely terminate the
proceedings initiated under Chapter VIII of the Cr.P.C. This Crl.M.C
is, in these circumstances, dismissed.
4. I make it clear that the dismissal of this petition will not in
any way fetter the rights of any of the petitioners to raise the
contention before the learned Sub Divisional Magistrate that there is
no satisfactory allegations raised against them at all.
(R.BASANT, JUDGE)
rtr/-