Kerala High Court
St. Peter’S And St. Paul’S Syrian ... vs Sub Divisional Magistrate on 24 June, 2022
Crl.MC No.4084/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Friday, the 24th day of June 2022 / 3rd Ashadha, 1944
CMA.NO.1/2022 IN CRL.MC NO. 4084 OF 2022
PETITIONERS/PETITIONERS
1. ST. PETER'S AND ST. PAUL'S SYRIAN ORTHODOX CHURCH CHALISSERRY P.O,
PATTAMBI TALUK, PALAKKAD DISTRICT- PIN - 679536.
2. FR. JOY PULIKKOTTIL AGED 55 YEARS VICAR, ST.PETER'S & ST. PAUL'S
SYRIAN CHURCH, CHALISSERY P.O, PATTAMBI TALUK, PALAKKAD DISTRICT -
679 536.
RESPONDENTS/RESPONDENTS
1. SUB DIVISIONAL MAGISTRATE, REVENUE DIVISIONAL OFFICE, OTTAPALAM,
PALAKKAD., PIN - 679101
2. DEPUTY SUPERINTENDENT OF POLICE OFFICE OF THE DEPUTY SUPERINTENDENT
OF POLICE, PALAKKAD. PIN - 678001.
3. TAHSILDAR TALUK OFFICE, MINI CIVIL STATION, PATTAMBI., PIN - 679303
4. FR. REJI KUZHIKKATTIL AGED 55 YEARS KUZHIKKATTIL HOUSE, MARIAN
NAGAR, NEAR MALABAR CLUB, MANGALAM, VADAKKUMCHERY, PALAKKAD
DISTRICT., PIN - 678682
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the operation
of Ann:A6 order passed by the Sub Divisional Magistrate, Ottapalam in
M.C.No.45/2022 under Section 145(1) of the Code of Criminal Procedure,
1973 and all futher proceedings pursuant thereto, pending disposal of this
Criminal Miscellaneous Case.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/s. ROSHEN.D.ALEXANDER, TINA ALEX THOMAS & HARIMOHAN, Advocates for
the petitioners and the PUBLIC PROSECUTOR for the 1st and 2nd respondents,
the Court passed the following:
P.T.O.
Crl.MC No.4084/2022 2/4
1
ZIYAD RAHMAN A. A., J.
======================
CRL.MC.No. 4084 OF 2022
========================
Dated this the 24th day of June, 2022
ORDER
Admit.
The learned Public Prosecutor takes notice for the
respondents 1, 2 and 3. Issue notice to the 4 th respondent.
Crl.M.A.No.1/2022
The challenge in this Crl.MC is against the Annexure A6 order
passed by the Sub Divisional Magistrate, Ottapalam invoking the
powers under Section 145(1) of the Code of Criminal Procedure.
The aforesaid order was passed by granting permission to a faction
of people to conduct prayers in the tomb of Rev.Fr.James David
Aringoor on 26.06.2022. However, it is discernible from the records
that, it can only be treated as a preliminary order under Section
145 (1) Cr.P.C and unless the aforesaid order is confirmed by
following the procedure contemplated under Section 145 Cr.Pc, the
same cannot be implemented. Apart from the above, as pointed
out by the learned counsel for the petitioner, jurisdiction of the Sub
Crl.MC No.4084/2022 3/4
Divisional Magistrate to invoke the powers under Section 145 Cr.PC
is also doubtful by virtue of the judgment passed by the Hon'ble
Supreme Court as evidenced by Annexure A1, by which the civil
disputes pertaining to the Church and its properties are finally
settled. As per Annexure A2, Police protection was also granted to
the petitioners herein for managing the affairs of the Church in
question and the properties thereof.
In such circumstances, I am inclined to pass an interim order
staying the implementation of Annexure A6 order for the time
being. This order shall be in force for a period of one month.
H/o.
Sd/-
ZIYAD RAHMAN A. A.
JUDGE
nk
24-06-2022 /True Copy/ Assistant Registrar
Crl.MC No.4084/2022 4/4
APPENDIX OF CRL.MC 4084/2022
Annexure A1 TRUE COPY OF JUDGMENT DTD. 19.11.2018 IN SLP (C) NO.
29254/2018 ON THE FILES OF THE HON'BLE SUPREME COURT.
Annexure A2 TRUE COPY OF JUDGMENT DTD. 12.08.2020 IN W.P (C) NO.
8528/2019.
Annexure A6 TRUE COPY OF THE ORDER ISSUED UNDER SECTION 145(1) BY
THE 1ST RESPONDENT DTD. 21.06.2022 IN M.C CASE
NO.45/2022.
