IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Crl.MC.No. 1981 of 2008() ------------------------- PETITIONER: ------------ ABDUL JABBAR.K.V., S/O.AYDRUMANKUTTY HAJI, CHARAMBARA HOUSE, VALILLAPUZHA, AREACODE, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB DIVISIONAL MAGISTRATE/REVENUE DIVISIONAL OFFICER, PERINTHALMANNA, MALAPPURAM DISTRICT. 2. THE TAHSILDAR, ERNAD TALUK, MALAPPURAM DISTRICT. 3. THE VILLAGE OFFICER, KEEZHUPARAMBU VILLAGE, MALAPPURAM DISTRICT. 4. AYISHA BEEVI, W/O.ABDU, NJATTUPETTIYIL HOUSE, PANIKKARAPURAYI, CHERUVAYOOR P.O., VAZHAKKAD, MALAPPURAM DISTRICT. 5. CHALANGADAN ABDU, S/O.MUHAMMED, VADAKKUMURI, OORNGATTIRI P.O., MALAPPURAM DISTRICT. 6. THE SUB INSPECTOR OF POLICE, AREACODE POLICE STATION, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.1981 of 2008 ---------------------------------------- Dated this the 28th day of May 2008 O R D E R The petitioner has come to this court with an application under Section 482 Cr.P.C expressing an apprehension that action may be taken against him by the sixth respondent in alleged execution of an order under Section 138 Cr.P.C passed by the second respondent. The petitioner complained that he had no notice of any such proceedings.; that no such order has been passed to his knowledge; that at any rate the second respondent has no jurisdictional competence to pass an order under Section 138 Cr.P.C and that the sixth respondent has no power to execute any such order. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor after taking instructions makes a categoric submission that no order has been passed under Section 138 cr.P.C. 3. The learned Public Prosecutor submits that there was some dispute between the parties about a pathway which was attempted to be settled between them before the District Crl.M.C.No.1981/08 2 Development Counsel. The District Development Counsel had sought the assistance of the R.D.O and in an attempt to settle the matter efforts are going on to measure the properties. 4. The learned Public Prosecutor categorically states that no order under Section 138 Cr.P.C has been passed and no such order is available now for execution against the petitioner. 5. These submissions of the learned Public Prosecutor are taken note of and hereby recorded. In these circumstances, I am satisfied that no further directions are necessary in this Crl.M.C. I however take note of the submissions of the learned counsel for the petitioner that no such pathway exists and if the Sub Divisional Magistrate has any doubts on that aspect the petitioner shall co-operate, if any proceedings under Section 133 Cr.P.C is formally initiated against him. That submission is also taken note of and recorded. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.1981/08 3 Crl.M.C.No.1981/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007