Kerala High Court
Santhosh Kumar vs State Of Kerala on 16 May, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 16TH DAY OF MAY 2023 / 26TH VAISAKHA, 1945
CRL.MC NO. 3535 OF 2023
AGAINST THE ORDER IN MC 475/2022 OF SUB.DVL.MAGISTRATE,KOLLAM
CRIME NOS.299/2022 AND 1906/2022 OF KUNDARA POLICE STATION.
PETITIONER/COUNTER PETITIIONER:
SANTHOSH KUMAR,
AGED 46 YEARS
S/O.SADASIVAN PILLAI, PUTHEN VEEDU, ELAMPALLOOR
CHERRY, ELAMPALLOOR VILLAGE, KOLLAM DISTRICT,
PIN - 691501
BY ADVS. PRATHEESH.P
ANJANA KANNATH
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 SUB DIVISIONAL MAGISTRATE
CIVIL STATION BUILDING, KOLLAM,, PIN - 691001
3 SUB INSPECTOR OF POLICE
KUNDARA POLICE STATION, KOLLAM,, PIN - 691501
OTHER PRESENT:
SMT. M.K. PUSHPALATHA, SR.PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.05.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.3535/2023
:2:
Dated this the 16th day of May,2023
ORDER
The petition is filed under Section 482 of the Code
of Criminal Procedure,1973(in short, 'Cr.P.C.'), to
quash Annexure-A1 preliminary order passed by the
second respondent in M.C.No.475/2022.
2. The petitioner's case is that, the second
respondent has registered the above case against him
under Section 107 of the Cr.P.C. on the basis of a First
Information Reports[FIR] in Crime Nos.299/2022 &
1906/2022 of Kundara Police Station to the effect that
the petitioner is habitually involved in criminal
activities and is disturbing the public tranquility of the
said locality. But, there is no nothing on record to
substantiate the above allegation. In fact, Crime
Crl.M.C.No.3535/2023
No.1906/2022 has been registered at the instance of
the petitioner. Annexure-A1 is a non-speaking order
and does not fulfill the ingredients of Section 107 of
the Cr.P.C.. The second respondent has erroneously
passed Annexure-A1 order. In a case of identical
circumstances, this Court by Annexure-A3 order in
Crl.M.C.No.513/2023 has quashed a similar order on
the ground that it is ex facie illegal. The petitioner is
entitled to get Annexure-A1 quashed. Hence, the
Crl.M.C.
3. Heard; Smt. Anjana Kannath, the learned
counsel appearing for the petitioner and the learned
Public Prosecutor appearing for the respondent.
Perused the materials on record.
4. On a consideration of the pleadings and
materials on record and after perusing Annexure-A1
Crl.M.C.No.3535/2023
preliminary order, I am of the view that there is no
material on record to substantiate that the petitioner is
a habitual offender and has disturbed the public
tranquility as found in Annexure-A1 preliminary order.
Furthermore, since the petitioner is the de facto
complainant in Crime No.1906/2022, the finding in
Annexure-A1 is erroneous Therefore, I hold that
Annexure-A1 is erroneous and unsustainable in law.
In the result, the Crl.M.C is allowed. Annexure-A1
proceedings as against the petitioner are quashed.
The Crl.M.C is ordered accordingly.
Sd/-
C.S.DIAS,JUDGE
DST/16.05.23 //True copy/
P.A.To Judge
Crl.M.C.No.3535/2023
APPENDIX
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE PRELIMINARY ORDER IN M.C
NO.475/2022 OF SUB DIVISIONAL MAGISTRATE,
KOLLAM DATED 15.3.2023
ANNEXURE A2 THE COPY OF JUDGMENT PASSED BY THIS HON'BLE
COURT CRL.M.C NO.4086/2018 DATED 6.07.2018
ANNEXURE A3 THE COPY OF THE ORDER IN CRL.M.C
NO.513/2023 DATED 15.3.2023
RESPONDENT'S EXHIBITS:
