IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Crl.MC.No. 1228 of 2008() ------------------------- (AGAINST THE ORDER DATED 14-3-2008 OF THE JFCM-II, ERNAKULAM) PETITIONER: ------------ THE ASSISTANT ENGINEER (PHONES) CIRCLE TELECOM, STORE DEPOT, ERNAKULAM, NOW RE-DISIGNATED AS DIVISIONAL ENGINEER, CIRLCE TELECOM, STORE DEPOT, BHARATH SANCHAR NIGAM LIMITED, KARSHAKA ROAD ERNAKULAM. BY ADV. SRI.K.M.JAMALUDHEEN RESPONDENTS: ------------- 1. SURYANARAYANAN,S/O. SUBBARAJU, 615, THOMAS STREET,COIMBATORE 641 001 2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. R1 BY ADV. SRI.T.K.AJITHKUMAR (VALATH) R2 BYG.P. SRI C.M. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/04/2008, THE COURT ON 7-4-2008 PASSED THE FOLLOWING: ODER ON CRL.M.A.NO.1618/2008 IN CRL.M.C. 1228/2008 DISMISSED. 7-4-2008. SD/- V.K.MOHANAN, JUDGE. //TRUE COPY// V.K.MOHANAN, J. ---------------------------------------------- CRL.M.C.N0.1228 OF 2008 ---------------------------------------------- Dated 7th April, 2008. ORDER The above Crl.M.C. is directed against Annexure H and J orders of the Judicial First Class Magistrate-II, Ernakulam which are issued on the basis of the direction contained in the judgment dated 21-2-2008 in Crl.R.P.No.1457/2007 of this Court. 2. The above judgment was pronounced by me on merits after hearing the matter in detail and therefore interference with Annexure H and J orders of the court below which issued on the basis of the direction in the above judgment will amount to review of the order passed by me while exercising the revisional jurisdiction of this Court and the same is barred by Section 362 of Cr.P.C. Therefore, I am not proposed to go into the merits of the contentions raised in the above Crl.M.C. 3. However, the prayer in the above Crl.M.C. is that by exercising the powers conferred on this Court under Section Crl.M.C..1228/08 -:2:- 483 of Cr.P.C., this Court may direct the Judicial Magistrate of the First Class-II, Ernakulam to postpone the further proceedings pursuant to Annexures H and J orders for a period of 60 days from 18-3-2008. According to the petitioner, they are intending to take up the matter before the Supreme Court of India and so as to enable them to resort to such proceedings, they require time. So they seek 60 days time and in the meanwhile, the above proceedings of the court below may be directed to be postponed. 4. In the light of the above facts and circumstance and in the fitness of the matter, I am of the view that such prayer can be allowed. Accordingly, the Judicial Magistrate of the First Class-II, Ernakulam is directed to keep in abeyance annexure H and J orders passed by it for a total period of 60 days from 18-3-2008 and it is further made clear that the court is free to proceed on the basis of Annexure H and J orders, if the petitioner fails to produce any order or proceedings of any superior court against the said proceedings on or before the expiry of the above Crl.M.C..1228/08 -:3:- period. The Crl.M.C. is disposed of as above. V.K.MOHANAN, JUDGE. kvm/- Crl.M.C..1228/08 -:4:- V.K.MOHANAN, J. No....