IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 Crl.MC.No. 4328 of 2008() ------------------------- CC.25/2005 & M.C.NO.70/08 OF THE JFCM COURT, KOTHAMANGALAM. .................... PETITIONER(S): --------------- 1. KUNJAPPAN @ PALA, R/AT KUNNAPPILLY HOUSE,PYNGOTTOOR KARA, KADAVOOR, KOTHAMANGALAM. 2. K.M. AYYAPPAN, R/AT KUNNUMPURATH HOUSE, CHATHAMATTOM P.O., PAINGOTTOOR, MUVATTUPUZHA. 3. V.C. BHASKARAN, R/AT VANIYATHAPUTHENPRAY HOUSE, AYAVANA P.O., ENANALLOOR P.O., MUVATTUPUZHA. BY ADV. SRI.AJEESH S.BRITE RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4328 of 2008 ------------------------------------------------- Dated this the 21st day of November, 2008 ORDER The petitioners are the sole accused (1st petitioner) and the sureties (petitioners 2 and 3) in C.C.No.25/05 pending before the learned Judicial Magistrate of the First Class, Kothamangalam. Subsequently, M.C.No.70/08 has been registered against petitioners 2 and 3. The 1st petitioner had applied for a transfer of the case from that court. That application was allowed as per the order dated 4/10/08 by the learned Sessions Judge. The case stood posted to 21/10/08. Assuming that the order of the Sessions Court must have been received by the learned Judicial Magistrate of the First Class, Kothamangalam by that date, the 1st petitioner did not appear before the learned Magistrate. The learned Magistrate on 21/10/08 directed issue of a non-bailable warrant of arrest Crl.M.C. No. 4328 of 2008 -: 2 :- against the 1st petitioner and notices to the sureties i.e., petitioners 2 and 3 after registering M.C.No.70/08. The petitioners have now come before this Court for issue of directions under Sec.482 Cr.P.C. to withdraw the non-bailable warrant issued against the 1st petitioner and to quash the proceedings initiated against the petitioners 2 and 3. 2. A report of the learned Magistrate was called for. The learned Magistrate has reported that there was an order of transfer on 4/10/08 and that the arrest warrant was issued on 21/10/08. The learned Magistrate reports that the order of transfer was received on 28/10/08. 3. The learned Magistrate may have been justified in taking action which he did on 21/10/08. But definitely after receipt of the order directing transfer on 28/10/08, there is no justification for the proceedings to continue. 4. In the result: (a) This Crl.M.C. is allowed. (b) All action taken by the learned Magistrate on 21/10/08 against the petitioners i.e., issue of non-bailable warrant against the 1st petitioner and issue of notices and registration of the Crl.M.C. No. 4328 of 2008 -: 3 :- proceedings under Sec.446 Cr.P.C. against petitioners 2 and 3 are hereby quashed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge