Haridas R vs Smt.Sarabindu Rani
2021 Latest Caselaw 9281 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                  Crl.Rev.Pet.No.1542 OF 2017(C)

   AGAINST THE ORDER/JUDGMENT IN MC 3/95/2017 OF SUB DIVISIONAL
                MAGISTRATE COURT,THIRUVANANTHAPURAM


REVISION PETITIONERS/OPPOSITE PARTIES 1 AND 2:

      1      HARIDAS R, RATNAVILASAM BHANGALAVU,OTTUKUZHI,
             MANGALAKKAL,KATTAKADA

      2      LALITHA JASMIN
             W/O. HARIDAS,RATNAVILASAM
             BANGALAVU,OTTUKUZHI,MANGALAKKAL,KATTAKADA

             BY ADVS.
             SRI.JOSEPH SEBASTIAN PURAYIDAM
             SRI.P.JAISON SUNNY

RESPONDENTS/PETITIONERS/STATE:

      1      SMT.SARABINDU RANI,
             YESHU BHAVAN,OTTUKUZHI,
             MANGALAKKAL,KATTAKADA 695 572

      2      STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM 682 031

             R1 BY ADV. SRI.JELSON J.EDAMPADAM
             R1 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR


             PUBLIC PROSECUTOR SRI.RAMESH CHAND

     THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
19.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.Rev.Pet.No.1542 OF 2017(C)            2




                                      ORDER

The excavation conducted on the property of the

petitioners taken as a ground to initiate proceedings

under Section 133 Cr.P.C. by the Sub Divisional

Magistrate. Show cause notice was issued with a

provisional order. After hearing the parties, final

order was also passed. It is submitted that, in the

report submitted by the revenue inspector nothing

mentioned with respect to the likelihood of causing

danger to human life. Hence, the issue will not come

under the purview of 133(d) Cr.P.C.. The proceedings

initiated by the Sub Divisional Magistrate and the

final order hence liable to be quashed. Without

prejudice to the right of parties to agitate the issue

in a Civil Court as per the lux fori and lux loci, the

entire proceedings are hereby quashed.

The Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

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