IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 Crl.MC.No. 3817 of 2010() ---------------------- MC.98/2010 OF SUB DIVISIONAL MAGISTRATE COURT, THRISSUR ........................................ PETITIONER : ----------------- ARUN CHANDRAN, S/O.P.N.CHANDRAN, AGED 33 YEARS, RESIDING AT 'USHUS', NOCHIMA, NAD P.O., ALUVA - 683 563. BY ADVS. SRI.SANTHEEP ANKARATH SMT.N.N.PRASEEDA RESPONDENT(S): ------------------------ 1. SUB DIVISIONAL MAGISTRATE, THRISSUR, THRISSUR - 1. 2. MOHANDAS SHENAI, S/O.PADMANABHA SHENAI, KARANCHERI, LOKAMALESWARAM VILLAGE, KODUNGALLOOR P.O. - 680 664, KODUNGALLOOR. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY R1 & R3 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3817 of 2010 -------------------------- ORDER Petitioner, against whom proceedings were initiated under Section 133 of Code of Criminal Procedure by Sub Divisional Magistrate, Thrissur in M.C.No.98/2010, filed this petition under Section 482 of Code of Criminal Procedure to quash the proceedings initiated by the Sub Divisional Magistrate. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. By Annexure-A5 conditional order passed under Section 133 of Code of Criminal Procedure, petitioner was directed to appear and show cause why the order directing removal of the obstruction shall not be made absolute. It is up to the petitioner to appear and establish that there are no sufficient cause for initiating proceedings under Section 133 of Code of Criminal Procedure. CRMC 3817/10 2 Learned counsel appearing for the petitioner submitted that petitioner has already appeared before the Sub Divisional Magistrate pursuant to Annexure-A5 order. If that be the case, petitioner is entitled to raise all the contentions raised herein before the learned Sub Divisional Magistrate. Petitioner is disposed. 16th September, 2010 (M.Sasidharan Nambiar, Judge) tkv