Sharon .S.Anand @ Shijo vs State Of Kerala
2022 Latest Caselaw 646 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE K.HARIPAL
         FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
                          CRL.MC NO. 6424 OF 2021
   [AGAINST THE ORDER IN MC 482/2021 OF SUB.DVL.MAGISTRATE,KOLLAM
         IN CRIME NO.84/2021 OF KOLLAM EAST POLICE STATION]
PETITIONER/COUNTER PETITIONER:

             SHARON .S.ANAND @ SHIJO,
             AGED 22 YEARS
             S/O.SADANANDAN, CHIRAYIL PUTHEN VEEDU, CHEMMAKKAD CHERRY,
             PANAYAM VILLAGE, KOLLAM - 691 601.
             BY ADVS.
             PRATHEESH.P
             K.SIJU
             S.ABHILASH
             S.REKHA KUMARI
             A.MUHAMMED RAFFI
             S.SEETHA
             ANJANA KANNATH

RESPONDENTS/STATE:

     1       STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM, PIN - 682 031.
     2       SUB DIVISIONAL MAGISTRATE
             CIVIL STATION BUILDING, KOLLAM, PIN - 691 001.
     3       SUB INSPECTOR OF POLICE
             KOLLAM EAST POLICE STATION, KOLLAM, PIN - 691 001.
OTHER PRESENT:

             SR.PP - SMT. SREEJA V.



     THIS    CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
14.01.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.6424 of 2021

                                       2



                                 O R D E R

Petitioner is the counter petitioner in

M.C.No.482/2021 on the file of the Sub Divisional Magistrate,

Kollam. He received Annexure -I notice under Section 111(1)

Cr.P.C. asking to show cause as to why he shall not be made to

execute a bond for a period of one year. Going by Annexure-I, it is

clear that the Sub Divisional Magistrate had received a report from

East Police Station, Kollam stating that the petitioner is a trouble

maker, he is causing nuisance to the public, also causes violence

and breach of peace and tranquility and indulges himself in

repeated acts of violence causing threat to the peaceful life of the

people in the locality. First Information Report was registered

against the petitioner as Crime No.84/2021 for the offences

punishable under Sections 294(b),323,324,326 read with 34 IPC.

Learned counsel for the petitioner submits that it is a single

instance and proceedings initiated against the petitioner are illegal Crl.M.C.No.6424 of 2021

and therefore, the proceedings may be quashed. He has also

placed reliance on an order passed in similar circumstances in

Crl.M.C.No.4086 of 2018.

2. I have heard the learned Senior Public Prosecutor also.

According to the learned Senior Public Prosecutor, on conclusion

of investigation in Crime No.84/2021, charge sheet has been laid

which is pending as C.C.No.86/2021 before the Chief Judicial

Magistrate. According to the learned Public Prosecutor, the

petitioner has not involved in any other case.

3. It is also evident that the Sub Divisional Magistrate

has no case regarding any other complaint alleging commission of

any other offence or other matter against the petitioner, before the

police authorities. In the circumstances, I have no doubt that

Annexure-I is clear abuse of process of law and therefore,

proceedings in M.C.No.482/2021 before the second respondent are

quashed.

Crl.M.C.No.6424 of 2021

The Crl.M.C. is allowed as above.

sd/-

K.HARIPAL JUDGE MBS/ Crl.M.C.No.6424 of 2021

APPENDIX OF CRL.MC 6424/2021

PETITIONER's ANNEXURES Annexure 1 A TRUE COPY OF THE PRELIMINARY ORDER IN M.C.NO.482/2021 OF SUB DIVISIONAL MAGISTRATE, KOLLAM DATED 26/11/2021. Annexure 2 THE COPY OF JUDGMENT PASSED BY THIS HON'BLE COURT CRL.M.C.NO.4086/2018 DATED 6/07/2018.