IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 Crl.MC.No. 2294 of 2010() ------------------------- MC.No.251/2009/D of SUB DIVISIONAL MAGISTRATE, FORT KOCHI .................... PETITIONER: --------------- WILSON CORRAYA, S/O.JOSEPH, KUTTIKKAPARAMBIL, ELANKUNNAPUZHA. BY ADV. SRI.P.A.MUJEEB RESPONDENTS: STATE & DEFACTO COMPLAINANT ------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JOHN KENNEDY, THOTTUMKARA HOUSE, ELANKUNNAPUZHA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Crl.M.C.No.2294 of 2010 --------------------------------- Dated this the 28th day of June, 2010 ORDER Petitioner who is the opposite party in a proceeding initiated before the Sub Divisional Magistrate, Fort Kochi as M.C.No.251/2009/D in respect of a thodu challenges Annexure A-1 conditional order dated 4/1/2010 passed under Section 133 of Code of Criminal Procedure and Annexure A-2 order passed under Section 141 of Code of Criminal Procedure threatening prosecution for non-compliance of the final order dated 8/4/2010. 2. Admittedly the petitioner has not challenged the final order dated 8/4/2010 in the above M.C. case. Without challenging the same he cannot avoid implementation of that order by Annexure A-2 order. He cannot also challenge the Annexure-A1 conditional order which has subsequently merged in the final order dated 8/4/2010. Hence without prejudice to the right of the petitioner to challenge the final order in appropriate proceedings, this Criminal M.C. is dismissed. V.RAMKUMAR, JUDGE skj