IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Crl.MC.No. 275 of 2009() ------------------------ CC.168/2008 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... PETITIONER/ACCUSED: --------------------------------- A.K. MOHAMMED ASHRAF, S/O. ASHARIKKANDI ABDULLAKUTTY HAJI, CALICUT BOOK STALL PANDIKKAD ROAD, WANDOOR, NILAMBUR TALUK MALAPPURAM DIST., NOW RESIDING AT ASSARIKANDI HOUSE PAZHUR, MAVOOR VIA. 673 661. BY ADV. SRI.SANTHARAM.P RESPONDENT/COMPLAINANT/STATE: ---------------------------------------------------- 1. P.M. LUQMAN, S/O. P. MAMMAD PULLANGODE HOUSE, AREACODE P.O. MALAPPURAM DIST. PIN 673 639. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 275 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of January, 2009 O R D E R The petitioner is aggrieved by Annexs. A4 and A5 orders passed by the learned Chief Judicial Magistrate, Manjeri. The short grievance of the petitioner is that the learned Magistrate has not considered the decisions in Jain Babu v. Joseph (2008 (1) KLT 16) and Rohit S. Ved v. State of Kerala (2008 (4) KLT 671) before passing the impugned orders. 2. I find merit in that contention. The impugned orders are not speaking orders and they do not reveal to me that the learned Magistrate has adverted to the dicta in the above decisions. 3. This Crl.M.C. is in these circumstances allowed. The learned Chief Judicial Magistrate shall dispose of CMP Nos. 110 and 111 of 2009 afresh in the light of the decisions referred above. A speaking order shall be passed by the learned Magistrate. There shall be a further direction that pending Crl.M.C.No. 275 of 2008 2 disposal of those petitions, coercive processes issued against the petitioner shall not be executed. 4. Hand over the order. (R. BASANT) Judge tm