IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 Crl.MC.No. 2769 of 2009() ----------------------------------- MC.NO.30/2009 OF SUB DIVISIONAL MAGISTRATE COURT, KOCHI. .................... PETITIONER/COUNTER PETITIONER: ----------------------------------------------------- PAPPACHAN, S/O.ANTHO, PULIKKAL HOUSE, KANNAMALY DESOM, KUMBALANGHI VILLAGE. BY ADV. MR.A.X.VARGHESE MR.A.V.JOJO MR.P.A. WAZEEM MR.M.S. UNNI KRISHNAN. RESPONDENT/COMPLAINANT: ------------------------------------------- STATE, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KANNAMALY POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2769 of 2009 -------------------------- ORDER This petition is filed under Section 482 of Code of Criminal Procedure to quash M.C.No.30/2009, initiated by the Sub Divisional Magistrate, Fort Kochi under Section 107 of Code of Criminal Procedure. Annexure-A1 is the FIR. Annexure-A2 is the report, based on which learned Magistrate initiated proceedings under Section 107 of Code of Criminal Procedure. Annexure-A2 report shows that there is likelihood of breach of peace on account of the petitioner. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioner submitted that except Crime No.685/2008, registered for the offence under Section 308 of Indian Penal Code, there is no other case pending against the petitioner and there is no basis for initiating CRMC 2769/09 2 proceedings under Section 107 of Code of Criminal Procedure. Learned Public Prosecutor also, on instructions, submitted that except the case registered for the offence under Section 308 of Indian Penal Code, there is no other reported instance, wherein, petitioner is involved. 4. From the facts and circumstances of the case, it is absolutely clear that there is no likelihood of breach of peace endangering public tranquility so as to invoke proceedings under Section 107 of Code of Criminal Procedure against the petitioner. Petition is allowed. M.C.No.30/2009, initiated by the Sub Divisional Magistrate, Fort Kochi, is quashed. 24th August, 2009 (M.Sasidharan Nambiar, Judge) tkv