IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 Crl.MC.No. 2714 of 2008 ---------------------------------- (C.C. NO. 157/01 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE, ERNAKULAM) ............... PETITIONER/ ACCUSED: ----------------------------------- K. VIJAYAN, FERTILIZER DEALER, NADUVIL, KANNUR. BY ADV. SRI.SUNIL NAIR PALAKKAT. RESPONDENT/ STATE: --------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/07/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2714 of 2008 ---------------------------------------- Dated this the 18th day of July 2008 O R D E R The petitioner has come to this court on receipt of Annexure A1 which is a copy of a warrant issued by the learned Additional Chief Judicial Magistrate, Ernakulam in C.C.No.157/01 to recover an amount of Rs.45,000/- imposed as fine on M/s.Kanjirakkott Fertilisers represented by the petitioner herein. According to the petitioner, he is totally unaware of any such case against him or M/s.Kanjirakkott Fertilisers of which he is the proprietor. The petitioner's prayer is that the details of Annexure A1 may be called for from the learned Magistrate and Annexure A1 may be quashed. 2. I find the request to be totally bereft of any merit or substance. The petitioner must ascertain what C.C.No.157/01 is and why a warrant has been issued against him. If he feels that the warrant has been issued unjustifiably or that C.C.No.157/01 has been disposed of without observing the legal formalities, it is certainly for him to take necessary steps to challenge the order in C.C.No.157/01 before appropriate authorities. The course Crl.M.C.No.2714/08 2 adopted by the petitioner of running to this court with this petition without and before ascertaining even the elementary vital details is certainly without grace or merit. 3. This Crl.M.C is in these circumstances dismissed but with the observation that the dismissal of this Crl.M.C will not in any way fetter the rights of the petitioner to challenge the decision in C.C.No.157/01 of the learned Additional Chief Judicial Magistrate, Ernakulam in accordance with law. (R.BASANT, JUDGE) jsr Crl.M.C.No.2714/08 3 Crl.M.C.No.2714/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008