IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Crl.MC.No. 53 of 2010() ---------------------------------- (C.C.NO.334 OF 2009 OF JUDICIAL MAGISTRATE 1ST CLASS, ETTUMANNUR, KOTTAYAM) PETITIONER(S): ------------------------ 1. FR.JOSE AREECHIRAYIL, ST.MARY'S CHURCH, KANDUVA, MADHYAPRADESH. 2. BENNY JOSEPH, 166-C, MAYUR VIHAR, NEW DELHI-91. 3. ANNAMMA @ KUNJUMOL, D/O.JOSEPH AREECHIRAYIL HOUSE, NOW RESIDINGA T ST.MARY'S CHURCH, KANDUVA, MADHYAPRADESH. 4. MARYKUTTY JOY, W/O.JOSEPH, 166-C, MAYUR VIHAR, NEW DELHI-91. 5. CELIN JOSEPH, 160-B, MAYUR VIHAR, NEW DELHI-91. BY ADVS. MR.MATHEW JOHN (K), MR.AJEESH K.SASI. RESPONDENT(S): STATE: --------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ETTUMANNUR, KOTTAYAM. R1 &R2 BY PUBLIC PROSECUTOR MR. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.53 OF 2010 ------------------------------------------ Dated 8th January 2010 O R D E R Petitioners are accused 3 to 7 in C.C.334/2009 on the file of Judicial First Class Magistrate, Ettumanur. Annexure-B order sheet of the learned Magistrate shows that on 29/8/2009, summons were issued to eight accused, to be returned by 1/12/2009. On 1/12/2009 accused 1,2 and 8 filed vakalath and others did not appear. Learned Magistrate issued warrant to the remaining accused. This petition is filed by those accused to quash the order contending that order issuing warrant is illegal, when summons were not served on them. 2. Annexure-A series of copies of Crmc 53/10 2 summons and reports accompanied by the summons establish that though summons were served on accused 1, 2 and 8 personally, there was no service of summons on the petitioners who are all at New Delhi or Madhya Pradesh. Learned Magistrate evidently did not peruse the said reports before passing the order on 1/12/2009 issuing warrant to the petitioners. When there was no service of summons, learned Magistrate cannot order warrant for their arrest, for their non appearance. Hence order dated 1/12/2009 issuing warrant to the petitioners who are accused 3 to 7 in the case is illegal and can only be quashed. Case now stands posted to 1/3/2010 as seen from Annexure-B order. Petitioners to appear before the learned Magistrate before that date. Petition is allowed. Order issuing Crmc 53/10 3 warrant to accused 3 to 7 in C.C.334/2009 by Judicial First Class Magistrate, Ettumanur as per order dated 1/12/2009 is quashed. Petitioners are directed to appear before the learned Magistrate either personally or by their counsel, before that date. M.SASIDHARAN NAMBIAR, JUDGE. uj. Crmc 53/10 4 M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO. OF 200 ------------------------------------------ Dated January 2010 O R D E R Crmc 53/10 5 M.SASIDHARAN NAMBIAR, JUDGE. uj.