IBRAHIMKUTTY Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) Counter petitioner in M.C. No. 136/2012 on the file of the Sub Divisional Magistrate, Fort Kochi, has filed this criminal miscellaneous case to quash the proceedings under section 482 of the Code of Criminal Procedure (hereinafter called the Code).

(2.) It is alleged in the petition that the petitioner has a permanent residence at Aluva and residing there with his family. He had a property dispute with his brother Rehim, who filed Annexure-8 Suit as O.S. No. 231/2011 before the Munsiff Court, Aluva against the present petitioner, claiming right of way through the property permitted to them as per Annexure-7 document. Thereafter, on the basis of the statement given by the said Rehim, a crime was registered as Crime No. 2384/2011 of Aluva East Police Station and along with the registration of the crime, another crime was registered as Crime No. 2404/2012 by the second respondent under section 107 of the Code of Criminal Procedure and sent Annexure-6 report to the Sub Divisional Magistrate and on that basis the Sub Divisional Magistrate passed Annexure-5 order purporting to be one under section 111 of the Code of Criminal Procedure.

(3.) Except the present case there is no other case against the petitioner and he is not having any criminal background or his presence is not a threat to the society as well. So, initiating proceedings under section 107 of the Code of Criminal Procedure under the circumstances is unwarranted and the procedure for initiating proceedings under section 107 of the Code has not been properly followed as well. So, the petitioner has no other remedy except to approach this court seeking the following relief:--