IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 5044 of 2008(A) ------------------------- PETITIONER: ------------ ELIAS @ SABU, MARETH PAYYANAMYALIL KANJIRAMATTAM, ERNAKULAM. BY ADV. SRI.P.P.JACOB RESPONDENTS: ------------- 1. THE SUB DIVISIONAL MAGISTRATE, PALAI R.D.O. OFFICE, PALAI, KOTTAYAM. 2. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT TRIVANDRUM. BY GOVERNMENT PLEADER ADV.SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` W.P.(C) No. 5044 OF 2008 A ```````````````````````````````````````````````````` Dated this the 27th day of February, 2008 J U D G M E N T The grievance of the petitioner is against Ext.P1 order passed by the Sub Divisional Magistrate, Pala invoking his powers under section 144(1) Cr.P.C. When this petition came up for hearing, the learned counsel for the petitioner was requested to explain why the petitioner has not gone before the Sub Divisional Magistrate and sought modification of the order under section 144(5) Cr.P.C. A similar question came up before this Court(another Bench) and by order dated 12.2.08 in Crl.M.C. No.610/08 this Court had dismissed the application with the observation that the petitioner must appear before the Sub Divisional Magistrate and seek appropriate directions under section 144(5) Cr.P.C. For the same reason, I am persuaded to agree with the learned Public Prosecutor that this writ petition need not be WPC.5044/08 : 2 : entertained and admitted and the petitioner must be relegated to seek relief under section 144(5) Cr.P.C. from the Sub Divisional Magistrate. 2. This writ petition is, in these circumstances, dismissed with the above observations. (R.BASANT, JUDGE) aks