SAJU VARGHESE Vs. STATE

JUDGEMENT

(1.) The petitioners herein who are the managing trustees of Mary Rani Church, Thoppil, seek to quash the proceedings under S.107 Cr.P.C. initiated as M. C. No. 143/2002 by the Sub Divisional Magistrate, Fort Kochi.

(2.) I heard both sides.

(3.) It was by a notice dated 27-12-2002 (A1) that the petitioners were called upon to show cause why they shall not be compelled to execute a bond to keep peace for a term of one year. Petitioners appeared and filed their objections (Annexure-II) on 22.4.2003. On 29.6.2004, the petitioner filed a petition (Annexure III) before the Magistrate for discharge of the petitioners since more than one year had elapsed after the initiation of the proceedings. As per Annexure IV order dated 1.3.2005, the Magistrate dismissed the said application holding that it is necessary to conduct an enquiry under S.116 Cr.P.C. It is the said order which is assailed in this Crl. M. C. filed under S. 482 Cr.P.C.