IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Crl.MC.No. 1032 of 2009(B) ----------------------------- CMP.215/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... PETITIONER(S): PETITIONER ----------------------------------- MUHAMMED MUSTHAFA, S/O.ALAVI, AGED 32 YEARS,PERAPRAM HOUSE, MANGALASSERY,KARUVAMBARAM.PO NARUKKARA VILLAGE,MALAPPURAM DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): COMPLAINANT --------------------------------------------- STATE, THROUGH S.I.OF POLICE,TALIPARAMBA POLICE STATION, KANNUR DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1032 OF 2009 = = = = = = = = = = = = = = = Dated this the 23rd day of March, 2009. O R D E R This petition is filed to set aside the order passed in CMP 215/08. The learned Magistrate had rejected the claim on the ground that only a duplicate copy of the registration certificate from the State of Maharashtra is produced and that no other agreement or documents are produced. I think the learned Magistrate has not applied his mind properly and if any other document was necessary he should have insisted for the production of the same instead of summarily rejecting the petition. The order of the Magistrate itself is so confusing. I do not want to say anything on that but I set aside the order passed by him and direct him to consider the matter afresh after permitting the party to produce documents. The Court shall consider the matter in detail and pass appropriate orders in accordance with law. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-