IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 Crl.MC.No. 4308 of 2010() ---------------------- AGAINST THE NOTICE ISSUED ON BEHALF OF THE SUB INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION .............................................................. PETITIONER / ACCUSED : ---------------------------------- BASHA M.K., AGED 45, S/O. MOHAMMED KASIM VAIDYAR, PULIMOOTIL VEEDU, KARICHARA DESOM, PALLIPURAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI. SHAJIN S. HAMEED RESPONDENT(S): ------------------------ 1. THE SUB INSPECTOR OF POLICE, KAZHAKUTTOM POLICE STAION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE ASSISTANT SUB INSPECTOR OF POLICE, KAZHAKUTTOM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4308 OF 2010 --------------------------------------------- Dated 26th October, 2010 O R D E R Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A notice issued by the Sub Inspector of Police, Mangalapuram Police Station directing petitioner to appear before Judicial First Class Magistrate's Court-II, Attingal on 16/6/2010. As held by this Court in Ramesan v. State of Kerala (2010 (3) KHC 291) the Sub Inspector has no authority to direct the petitioner to appear before the Magistrate. Therefore, the Sub Inspector cannot direct the petitioner to appear before the Magistrate by issuing Annexure-A notice. It is for the Magistrate to issue summons. Crmc 4308/10 2 But, I do not find that it is necessary to quash Annexure-A notice, as notice is only for appearance on 16/6/2010 and more than four months have already lapsed from that day. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.