IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 Crl.MC.No. 1945 of 2008() ------------------------- M.C.12/08 OF S.D.M, KASARAGOD PETITIONER: ------------ 1. A.K.SOOPY, S/O.LATE MAMMUNHI, KALATHIL HOUSE, P.O.ADHUR, KASARAGOD. 2. A.K.ABDULLAKUNHI, S/O.LATE KUNHIMAHINKUTTY HAJI, PUDIYAKANDAM HOUSE, P.O.ADHUR, KASARAGOD. BY ADV. SRI.MANJERI SUNDERRAJ RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY STATION HOUSE OFFICER, ADHUR POLICE STATION, ADHUR, KASARAGOD DISTRICT, PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. A.M.SHAFI, S/O.MOHAMMED HAJI, P.O.ADHUR, KASARAGOD TALUK. 3. A.K.ABDULRAHIMAN HAJI, S/O.KUNHIMAHIMKUTTY HAJI, P.O.ADHUR, KASARAGOD TALUK. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.1945 of 2008 ---------------------------------------- Dated this the 16th day of June 2008 O R D E R The petitioners are respondents in a proceedings initiated before the Sub Divisional Magistrate, Kasargod at Kanhangad under Section 145 Cr.P.C as M.C.No.12/08. Respondents 2 and 3 herein are the ones who initiated the said proceedings before the Sub Divisional Magistrate. The Sub Divisional Magistrate had passed a preliminary order under Section 145 Cr.P.C directing the parties to appear before him and put in his submissions. It is submitted that the petitioner had already entered appearance and had filed a statement also. According to the petitioners, respondents 2 and 3 have vexatiously initiated the proceedings. Though the prayer in the petition is to quash the proceedings, in the course of arguments before me, the learned counsel for the petitioner only submits that there may be a direction that no further orders, interim orders or otherwise, shall be passed by the Sub Divisional Magistrate without and before hearing the petitioner. 2. Respondents 2 and 3 have chosen to appear before the court through counsel even before this Crl.M.C was admitted and notice was ordered to them. The learned Public Prosecutor Crl.M.C.No.1945/08 2 submits that there is no reason why the petitioner should assume that any adverse orders would be passed against him without and before hearing them. All orders in the pending proceedings shall be passed by the Sub Divisional Magistrate strictly in accordance with law after satisfying the legal requirement that the parties must be heard before orders adverse to him are passed. 3. I take note of the submission of the learned Public Prosecutor. I take note of the limited prayer made by the petitioner. I take note of the stand taken by the counsel for the respondents 2 and 3. I am in these circumstances satisfied that no directions under Section 482 Cr.P.C need be issued in this matter now. I accept the submissions of the learned Public Prosecutor that the petitioners having already entered appearance before the Sub Divisional Magistrate, all orders herein shall be passed in accordance with law after giving the parties an opportunity to be heard. Needless to say, the petitioners can produce all their documents and raise all their relevant contentions before the Sub Divisional Magistrate now. (R.BASANT, JUDGE) jsr Crl.M.C.No.1945/08 3 Crl.M.C.No.1945/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007