IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 Crl.MC.No. 3573 of 2010() ------------------------------------- CRIME NO.1243/2010 OF ERNAKULAM TOWN NORTH POLICE STATION. ............ PETITIONER/ACCUSED ---------------------------------- JOSEPH JONATHAN, AGED 25 YEARS, S/O. MARTIN JOY, MARAKKAN HOUSE, PUTHENPURA ROAD, ELAMAKKARA, ERNAKULAM DISTRICT. BY ADV. SRI.PREMCHAND R.NAIR SRI.TOJAN J.VATHIKULAM, SRI.GEORGE BRISTON E.B., SRI.V.P. PRASANTH. RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/08/2010, ALONG WITH CRMC NO.3574 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ----------------------------------------------------- CRL.M.C.NO.3573 & 3574 OF 2010 ---------------------------------------------------- Dated 30th August, 2010 O R D E R Petitioners are the accused in crime No.869/2010 of Cheranalloor Police Station, Ernakulam and crime No.1243/2010 of Ernakulam Town North Police Station registered for the offences under Sections 184 and 185 of Motor Vehicles Act respectively. Petitions are filed under Sections 482 of Code of Criminal Procedure to quash the respective notices issued by the respective Inspector of police directing the petitioners to appear before the Judicial First Class Magistrate-II, Ernakulam contending that police has no such power and summons has to be issued by the court. Crmc.3573 & 3574/10 2 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. This court in Ramesan v. State of Kerala (2010 (3) KLT 348) considered the identical question and quashed the notices issued by the police directing the accused to appear before the Magistrate, holding that police has no such power and summons is to be issued by the Magistrate on taking cognizance of the offences. In view of the decision in Ramesan's case, the petitions can only be allowed and respective notices issued can only be quashed. Crl.M.C.3573/2010 is allowed. Annexure-A notice issued by the Sub Inspector of Police, Ernakulam Town North Police Station is quashed. Crl.M.C.3574/2010 is allowed. Crmc.3573 & 3574/10 3 Annexure-A notice issued by Sub Inspector of Police, Cheranallur police station is quashed. It is made clear that it is for the Magistrate to issue summons to the petitioners on taking cognizance of the offences. M.SASIDHARAN NAMBIAR, JUDGE. uj.