IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 Crl.MC.No. 425 of 2008() --------------------------------- MC.27/2007 of SUB DIVISIONAL MAGISTRATE COURT, MUVATTUPUZHA FIR NO.157/2007 OF KODANADU POLICE STATION. .................... PETITIONERS/ACCUSED ----------------------------------- 1. JERRY, S/O PAULOSE, CHITTUPARAMBIL HOUSE, CHERANELLOR, KOOVAPPADY. 2. THOMAS, S/O PAULOSE, CHITTUPARAMBIL HOUSE, CHERANELLOR, KOOVAPPADY. 3. JOJI, S/O PAULOSE, CHITTUPARAMBIL HOUSE, CHERANELLOR, KOOVAPPADY. 4. UNNI, S/O PAULOSE, CHITTUPARAMBIL HOUSE, CHERANELLOR, KOOVAPPADY. BY ADV. MR.MATHEW ABRAHAM RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KODANADU. BY PUBLIC PROSECUTOR MR.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.425 OF 2008 ------------------------------------------ Dated 22nd September 2009 O R D E R Based on the information in the report filed by the Sub inspector of Police, Kodanadu duly signed by the Deputy Superintendent of Police, Perumbavoor that petitioners herein, who are counter petitioners in M.C.27/2007 before the Sub Divisional Magistrate, Muvattupuzha are continuously indulging in criminal offences involving breach of public peace or tranquility in and around Cheranellur area, Sub Divisional Magistrate passed Annexure-A1 order directing petitioners to show cause why they should not be ordered to execute a bond for Rs.20,000/- with two solvent sureties for the like sum as provided under Section 110(e) of Code of Criminal Procedure, for a period of one year for keeping peace in the locality on 15/6/2007. Proceeding paper of M.C.27/2007 shows that the case was called on 15/6/2007 and on behalf of the petitioners counsel appeared and it was adjourned to 29/6/2007 and then CRMC 425/08 2 to 3/8/2007 and then to 17/8/2007 on which day all the petitioners were released on bail. It was posted for framing charge to 28/9/2007 and thereafter the case was being adjourned for recording the evidence. On 8/2/2008 case was adjourned to 22/2/2008. 2. This petition is filed on 1/2/2008 under Section 482 of Code of Criminal procedure to quash the proceedings contending that proceedings are initiated at the instance of the sand mafia, without any bonafides and therefore, it is to be quashed. Records were called for. Learned Public Prosecutor was heard. 3. Sub Section 6 of Section 116 of the Code provides that the enquiry provided under Section 116, which is mandatory shall be completed within a period of six months from the date of its commencement and if such enquiry is not so completed, on the expiry of said period, proceedings under the said Chapter shall stand terminated unless for special reasons to be recorded in writing, Magistrate otherwise directs. Proceedings paper shows that even though petitioners appeared on 15/6/2007 and charge was framed on 7/9/2007, in spite of repeated summons witnesses including the Sub CRMC 425/08 3 Inspector did not appear. Records also establish that within a period of six months of commencement of the proceedings, as provided under Sub Section 6 of Section 116 proceedings were not completed. Therefore, as mandated, under Sub Section 6 of Section 116 the M.C proceedings shall stand terminated as the Sub Divisional Magistrate did not record any special reasons to continue the proceedings. Hence proceedings stands terminated as provided under Sub Section 6 of Section 116 of Code of Criminal Procedure. Petition is disposed recording that M.C proceedings stood terminated. M.SASIDHARAN NAMBIAR, JUDGE. uj.