IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 23RD MAY 2007 / 2ND JYAISHTA 1929 Crl.MC.No. 963 of 2007() ------------------------ MP.22/2006 of SUB DIVISIONAL MAGISTRATE'S COURT,. THALASSERY .................... PETITIONER: CR.PETITIONER. -------------------------- BHARTI AIRTEL LIMITED FORMERLY BHARTI TLEE VENTURES LIMITED, S.L.AVENUE, N.H.BYPASS, KUNDANNUR KOCHI REPRESENTED BY ITS HEAD LEGAL SRI.P.JAYABAL MENON. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENTS: ------------- 1. THE SUB DIVISIONAL MAGISTRATE, THALASSERY. 2. THE KERALA MANUSHYAVAKASA SAMITHI, SOUTH BAZAR, KANNUR, REPRESENTED BY ITS SECRETARY, SRI SHAJI KAKKAN, KOLATHUVAYAL, KALLIASSERI AMSOM, KANNUR DISTRICT. 3. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ] R1 & 3 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/05/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 963 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of May, 2007 O R D E R The learned counsel for the petitioner submits and the report of the learned S.D.M. reveals that order has been passed under Section 137(2) Cr.P.C. dropping further proceedings in M.P.No. 22 of 2006 pending before the first respondent. Request of the learned counsel for the petitioner to that effect is accepted and this Crl.M.C. is dismissed as unnecessary now. (R. BASANT) Judge tm R.BASANT, J. ------------------------------------ Crl.M.C.NO.963 OF 2007 ------------------------------------ Dated this the 26th day of March, 2007. 2 ORDER Against the petitioner, a conditional order under Section 133 Cr.P.C has been passed. The petitioner has entered appearance. According to the petitioner, initiation of proceedings under Section 133 Cr.P.C is not legally proper, correct or justified in the light of a Division Bench decision of this Court in Reliance Infocom Ltd. v. Chemancherry Grama Panchayat [2006 (4) KLT 695]. The short grievance of the petitioner that his objection that proceedings under Section 133 Cr.P.C is not maintainable is not being considered by the Sub Divisional Magistrate. 2. Call for a report from the Sub Divisional Magistrate as to why the objections raised by the petitioner is not being considered. I make it clear that I expect the Sub Divisional Magistrate to consider the said objection and pass appropriate orders on merits expeditiously. The report of the Sub Divisional Magistrate must reach this court by 30.04.2007. 3. Call on 30.04.2007. H/O. (R.BASANT,JUDGE) rtr/