Kerala High Court
Smt.Alice Thomas vs Smt.Mercyamma Thomas on 8 January, 2018
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY, THE 8TH DAY OF JANUARY 2018 / 18TH POUSHA, 1939
Crl.MC.No. 4482 of 2014
MC 4/2014 OF SUB DIVISIONAL MAGISTRATE COURT, DEVIKULAM.
...
PETITIONER/COUNTER PETITIONER:
SMT.ALICE THOMAS,
MEMBER OF PANCHAYATH, 2ND WARD,
NEDUMKANDAM GRAMAPANCHAYATH,
IDUKKI.
BY SRI.GRASHIOUS KURIAKOSE (SENIOR ADVOCATE)
ADV.SRI.GEORGE MATHEWS
RESPONDENT(S)/PETITIONER & STATE:
1. SMT.MERCYAMMA THOMAS,
HEAD MISTRESS, GOVT. L.P.S, MAVADY,
NEDUMKANDUM, PIN - 685 553.
2. STATE OF KERALA,
SUB INSPECTOR OF POLICE, NEDUMKANDUM,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADVS. SRI.TOM JOSE
SMT.GEETHA JOB(OZHUKAYIL)
R2 BY PUBLIC PROSECUTOR SMT.SHEEBA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 08-01-2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
mbr/
Crl.MC.No. 4482 of 2014 ()
APPENDIX
PETITIONERS' ANNEXURES:
ANNEXURE 1 - TRUE COPY OF THE PRELIMINARY ORDER DT. 19.7.14 IN M.C NO.04/14
OF THE SUB DIVISIONAL MAGISTRATE COURT, DEVIKULAM.
ANNEXURE 2 - TRUE COPY OF THE REPRESENTATION DT. 01.7.14 FILED BY THE
PETITIONER BEFORE THE ASSISTANT EDUCATIONAL OFFICER,
KATTAPPANA.
RESPONDENTS' ANNEXURES: NIL
/TRUE COPY/
P.S.TO JUDGE
mbr/
B. KEMAL PASHA, J.
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Crl.M.C. No.4482 of 2014
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Dated this the 8th day of January, 2018
O R D E R
~ ~ ~ ~ ~ ~ Annexure-1 preliminary order passed by the Sub Divisional Magistrate's Court, Devikulam under Section 111 Cr.P.C. is under challenge.
2. As per the report of the Sub Inspector of Police, Nedumkandom, the petitioner was involved in Crime No.545/2014 of Nedumkandom Police Station and the said crime was registered for the offences under Sections 448 and 342 read with Sections 34 IPC and Section 118(d) of the Kerala Police Act. The case is presently pending as CC.521/2014 of the Judicial First Class Magistrate's Court, Nedumkandom.
3. Over and above the aforesaid case, the petitioner Crl.M.C.4482/2014 : 2 : is not involved in any other criminal case. Annexure-1 order is quite unnecessary and there was no reason for passing such an order. The learned Sub Divisional Magistrate had not applied his mind in the matter and the unnecessary proceedings under Section 107 Cr.P.C. has been initiated. Matters being so, Annexure-1 order and all further proceedings in it are liable to be quashed.
In the result, this Crl.M.C. is allowed and Annexure-1 order and all further proceedings against the petitioner in it are quashed.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/08/01 // True Copy // PS to Judge