IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 WP(C).No. 12900 of 2009(Q) -------------------------------------------- PETITIONER : --------------------- M.A.SAINULABDEEN, AGED 49 YEARS, S/O. M.C. ABDUL RAHMAN, KARYAKANNU, PUTHUKODE VILLAGE, PALAKKAD DIST. BY ADV. SRI.R.O.MUHAMED SHEMEEM SMT.NASEEHA BEEGUM P.S. RESPONDENTS : ------------------------- 1. SUB DIVISIONAL MAGISTRATE, PALAKKAD. 2. A.S. MOHAMMADALI, S/O. SAIDU MUHAMMED MASTER, ANSAR AMNZIL,KUNNANUR, PATOLA, THEKKEPOTTAL, PUTHUKODE, PALAKKAD. 3. SUB INSPECTOR OF POLICE, VADAKKANCHERY, PALAKKAD DIST. 4. THE KERALA WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, NEAR INTERNATIONAL STADIUM, KALOOR, ERNAKULAM. 5. STATE OF KERALA REP. BY THE SECRETARY, GOVT. OF KERALA, THIRUVANANTHAPURAM. ADV. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P.(C) NO. 12900 of 2009 * * * * * * * * * * * * * * * * * * Dated: 30th April , 2009 JUDGMENT The petitioner challenges Ext.P7 order dated 6-4-2009 passed by the Sub Divisional Magistrate, Palakkad in M.C. 58 of 2009 in a proceeding under Sec. 145 Cr.P.C. Admittedly, Ext.P7 order is a final order. Merely because the petitioner has a contention that the said order has been passed ignoring the binding judgments of the Civil Court, it does not cease to be a final order passed under Sec. 145 Cr.P.C., I am, therefore, not inclined to exercise the discretionary power under Art. 226 of the Constitution of India . Without prejudice to the right of the petitioner to approach the appropriate revisional court challenging Ext.P7 order, this Writ Petition is dismissed. V. RAMKUMAR, (JUDGE) ani.