IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 Crl.MC.No. 2098 of 2008() ------------------------- G.880/2008 of S.D.M, PERINTHALMANNA .................... PETITIONER: PETITIONERS/PETITIONERS ----------------------------------- 1. K. SHARAFUDHEEN, S/O. ALI, MUNNUMMAL HOUSE, WEST PATHANAPURAM, MALAPPURAM DISTRICT. 2. KARANGADAN MUHAMMED ALI, S/O. KUNHIMARAKKAR, PATHANAPURAM, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: RESPONDENT/STATE ----------------------------- STATE OF KERALA, REPRESENTED BY THE SUB DIVISION MAGISTRATE/REVENUE DIVISIONAL OFFICER, PERINTHALMANNA, MALAPPURAM DISTRICT - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2098 of 2008 ---------------------------------------- Dated this the 17th day of June 2008 O R D E R The grievance of the petitioner in this Crl.M.C is that no proper action under Chapter XB of the Code of Criminal Procedure is being taken by the Sub Divisional Magistrate, Perinthalmanna on Annexure A complaint lodged by the petitioner and others seeking action under Section 133 Cr.P.C. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor, after taking instructions, submits that Annexure A complaint was not submitted to the Sub Divisional Magistrate. It was submitted to the Revenue Divisional Officer, a revenue official. On receipt of the said complaint, the R.D.O has referred it to the Taluk Vikasana Samithi, in an attempt to work out a settlement between the parties. Attempt is going on. No settlement is reached so far. It is, in these circumstances that no action has been taken under Chapter XB of the Code of Criminal Procedure by the R.D.O/S.D.M, it is submitted. The same incumbent occupies the chair of the R.D.O and S.D.M. Crl.M.C.No.2098/08 2 3. A reading of the contents of Annexure A must convince anyone that what is sought is action under Chapter XB of the Code of Criminal Procedure from the S.D.M. However, the application admittedly has not been considered as one under Chapter XB of the Code of Criminal Procedure and an effort for settlement is now being attempted. I am satisfied, in these circumstances that appropriate directions can be issued. The Sub Divisional Magistrate, Perinthalmanna can pursue the efforts for a harmonious settlement within a further period of one month from this date. If, within such period, harmonious settlement is not reached, the Sub Divisional Magistrate shall reckon Annexure A application as one addressed to the Sub Divisional Magistrate for taking action under Chapter XB of the Code of Criminal Procedure and appropriate further action in accordance with law shall be taken on such application. 4. With the above directions/observations, this Crl.M.C is allowed in part. (R.BASANT, JUDGE) jsr Crl.M.C.No.2098/08 3 Crl.M.C.No.2098/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007