N.K.Sivaraman vs Sub Divisional Magistrate
2023 Latest Caselaw 4264 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                     OP(CRL.) NO. 449 OF 2011
 AGAINST THE ORDER/JUDGMENTMC 133/2009 OF SUB DIVISIONAL
                       MAGISTRATE,PALAKKAD
PETITIONER:

            N.K.SIVARAMAN
            NOKKARA HOUSE, VELLAPPARAKUNNU, KAVASSERY P.O.,
            ALATHUR, PALAKKAD, PIN - 678 543.
            BY ADVS.
            SRI.P.BABU KUMAR
            SRI.P.YADHU KUMAR


RESPONDENTS:

   * 1      SUB DIVISIONAL MAGISTRATE,               *(DELETED)
            PALAKKAD 678 001

            (1ST RESPONDENT IS DELETED AS PER ORDER DATED
            09.02.2011 IN O.P(CRL) No.449/2011)
    2       DIVISIONAL FOREST OFFICER,
            NENMARA, 678 508

            BY ADV
            SMT.REKHA - SR.PP
        THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
31.03.2023,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP(Crl)No.449/2011

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                          JUDGMENT

Dated this the 31st day of March, 2023

The petitioner preferred M.C. No.133/2009 under Section

133 of the Cr.P.C., against the respondent before the Sub

Divisional Magistrate, Palakkad.

2. The grievance of the petitioner is that, the Sub

Divisional Magistrate was contemplating to dispose of the said

case without giving an opportunity to the petitioner to adduce

evidence. It is in these circumstances, the petitioner has

approached this Court.

3. The learned Special Public Prosecutor submitted

that MC.133/2009 is still pending.

Having heard both sides, this original petition is disposed

of with a direction to the learned Sub Divisional Magistrate to

dispose of MC.133/2009 within a period of three months from

the date of receipt of a copy of this judgment. It is made clear

that, the learned Sub Divisional Magistrate shall give an

opportunity to both sides to adduce evidence. Thereafter, the OP(Crl)No.449/2011

..3..

learned Magistrate shall dispose of the case in accordance with

law as directed above.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE

ded/31.03.2023 OP(Crl)No.449/2011

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APPENDIX OF OP(CRL.) 449/2011

PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE ORDER IN MC NO.2187/97 PASSED BY THE 1ST RESPONDENT DATED 30.07.1997. EXHIBIT P2 TRUE PHOTOCOPY OF THE JUDGMENT IN O.A.NO.45/2008 BY THE FOREST TRIBUNAL PALAKKAD DATED 18.12.2009.

EXHIBIT P3 TRUE PHOTOCOPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 2.5.2009.

EXHIBIT P4 TRUE PHOTOCOPY OF THE INTIMATED ISSUED BY THE APPELLATE AUTHORITY UNDER R.I.ACT DATED 1.2.2010.

EXHIBIT P5 TRUE PHOTOCOPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 25.1.2011.

EXHIBIT P6 TRUE PHOTOCOPY OF THE IMPLEADING PETITION FILED BY P.A.BALAN & ORS. BEFORE THE 1ST RESPONDENT DATED 1.7.2010.

EXHIBIT P7 TRUE PHOTOCOPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 5.10.2010.

EXHIBIT P7 (a) TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 19.08.2009. EXHIBIT P8 TRUE PHOTOCOPY OF THE ORDER PASSED BY THE SESSION JUDGE IN Cr.R.P.NO.71/09 DATED 16.07.2010.

EXHIBIT P9 TRUE PHOTOCOPY OF THE WRITTEN STATEMENT FILED BY THE 2ND 1ST RESPONDENT IN THE MONTH OF AUGUST 10.