IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 Crl.MC.No. 4516 of 2008() -------------------------------------- MC.35/2008 of SUB DIVISIONAL MAGISTRATE, TIRUR .................... PETITIONER(S): B PARTY: ---------------------------------------- CHAPPANGATHIL CHEKKUTTY HAJI, S/O.MOHAMMED ,AGED 70 YEARS, PALATHINGAL, ULLANAM P.O., PARAPPANAGADI 676 303. BY ADV. SRI.P.G.THAMPI (SR.) SRI.T.H.ABDUL AZEEZ RESPONDENT(S): ----------------------------- 1. STATE OF KERALA REP. BY SUB INSPECTOR OF POLICE PARAPPANGADI, THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. KALATHIL ABDUL RAHIMAN S/O.MOHAMMED HAJI, KOTTAMTHALA, PALATHINGAL, ULLANAM P.O.,PIN 676 303. PUBLIC PROSECUTOR SRI.GIKKU JACOB FOR R1 ADV. SRIC.M.MOHAMMED IQUABAL FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4516 of 2008 ------------------------------------------------- Dated this the 27th day of January, 2009 ORDER The petitioner has come to this Court complaining about the initiation of M.C.35/08 by the Sub Divisional Magistrate, Tirur. Action has been initiated under Sec.145 Cr.P.C. It appears that there is a dispute between the two factions of believers about the management/possession of a Mosque. Though some earlier arrangements were made, it appears that the same was not working and the police was hence compelled to seek action under Sec.145 Cr.P.C. The preliminary order has been passed. The parties have already appeared before the SDM. Statements have already been filed also, it is submitted. 2. Though on 26/11/08 it was observed that if the SDM feels the necessity, he must make appropriate arrangements under Sec.146 Cr.P.C., no such arrangements have been made. Crl.M.C. No. 4516 of 2008 -: 2 :- It is also conceded at the Bar that neither party has sought arrangements under Sec.146 Cr.P.C. by the SDM. 3. I am satisfied, in these circumstances, that no further directions are necessary in this Crl.M.C. and the interests of justice will be served ideally by directing the SDM to expeditiously complete the proceedings under Sec.145 Cr.P.C. and pass appropriate final orders. Such orders must be made by the SDM within a period of 60 days from this date by posting the case to day-to-day if that be necessary. I repeat that if the SDM feels the necessity, he can make appropriate arrangements under Sec.146 Cr.P.C. also. It shall be open to either of the parties to seek such direction under Sec.146 Cr.P.C. from the SDM. 4. With the above observations/directions, this Crl.M.C. is dismissed. 5. Hand over a copy of this order to the learned counsel for the petitioner for production before the SDM. The SDM shall report compliance of the above directions after disposing of M.C. No.35/08 within a period of 60 days from the date on which a copy of this order is placed before him. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4516 of 2008 -: 3 :-