VINOD Vs. STATE OF KERALA

JUDGEMENT

(1.) Petition filed under S.482 of the Code of Criminal Procedure, 1973 (in short, "CrPC").

(2.) The order under challenge is passed by the learned III Additional Sessions Judge, Kollam in a criminal revision filed under S.397 CrPC. An order passed by the Sub Divisional Magistrate, Kollam (in short, "the SDM") in a proceeding under S.145 CrPC was challenged before the learned Additional Sessions Judge. He found that the order passed by the SDM is a composite order under S.145(1) and S.146(1) CrPC and, therefore, it was not legally correct and sustainable. Besides, the order was not passed in compliance with the said provisions in the CrPC. Hence, the order was set aside by the learned Additional Sessions Judge. Feeling aggrieved by the order in the criminal revision, the petitioners (members of A party before the SDM) are before this Court.

(3.) Facts in dispute lie in a narrow compass. The Assistant Commissioner of Police, Karunagappally reported to the SDM that a dispute, likely to induce breach of peace, existed between the members of A and B parties concerning administration of Madathikarazhma SNDP Sakha No. 188 and its properties, including temples, situated in Oachira Village. The Police requested for the intervention of the SDM under S.145 CrPC and to initiate steps to take possession and administration of SNDP Sakha and its properties, including the temples. On getting the report, the SDM passed the following order on 24/10/2011: