IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Crl.MC.No. 1024 of 2010() ------------------------------------- REF.A.2180/2010 OF SUB DIVISIONAL MAGISTRATE, KOZHIKODE. .................... PETITIONER(S): ----------------------- K. KRISHNANKUTTY, PTA PRESIDENT, ST.THOMAS UP SCHOOL, THEYYAPPARA, KODENCHERRY. BY ADV. MR.T.G.RAJENDRAN RESPONDENT(S): -------------------------- 1. HEADMASTER, ST.THOMAS UP SCHOOL, THEYYAPPARA, KODENCHERRY. 2. SECRETARY, KODENCHERRY GRAMA PANCHAYATH, KODENCHERRY. 3. BABY JOSEPH, EETTATHOTTATHIL HOUSE, THEYYAPPARA, KODENCHERRY. 4. THE SUB DIVISIONAL MAGISTRATE, KOZHIKODE. 5. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R4 & R5 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 1024 OF 2010 ------------------------------------------ Dated 29th March 2010 O R D E R Petitioner is the President of Parents' Teachers Association attached to St.Thomas College, Theyyappara. Petition is filed under Section 482 of Code of Criminal Procedure for a direction to fourth respondent Sub Divisional Magistrate to take appropriate action against third respondent for violating Annexure-II order of injunction. Annexure-II order dated 10/3/2010 shows that an order of injunction was granted by the Sub Divisional Magistrate under Section 142 of Code of Criminal Procedure, directing third respondent to stop piggery and poultry farm forthwith pending the result of the Crmc 1024/10 2 inquiry in A.2180/2010, initiated under Section 133 of Code of Criminal Procedure. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Section 142 of Code of Criminal Procedure enables the Magistrate, who is passing an order under Section 133, to grant an order of injunction pending inquiry. Under Sub Section (1) of Section 142, if a Magistrate considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to the person against whom the order under Section 133 was made, as is required to obviate or prevent such danger or injury pending determination of the matter. Under Sub Section (2) of Section 142, in default of such person forthwith obeying such Crmc 1024/10 3 order of injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury. In such circumstances, Sub Divisional Magistrate is bound to proceed under Section 142(2), if he finds that third respondent is disobeying Annexure-II order. Case of the petitioner is that in spite of disobeying Annexure-II order, Sub Divisional Magistrate has not taken action. Petition is disposed directing Sub Divisional Magistrate to proceed as provided under Sub Section 2 of Section 142, if he finds that third respondent is disobeying Annexure-II order. So long as Annexure-II order passed under Section 142 is subsisting, third respondent is not entitled to disobey the same. M.SASIDHARAN NAMBIAR, JUDGE. uj.