KERALA VYAPARA VYAVASAYI EKOPANA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has come to this court complaining against Ext.P9 order issued to him by the Sub Inspector of Police, Valancherry, the third respondent. By the said order, the Sub Inspector of Police had informed the petitioner that action under Section 145 Cr.P.C has been initiated by submitting a report to the Sub Divisional Magistrate and till then the petitioner or persons belonging to his organisation namely Vyapari Vyavasayi Ekopana Samithi should not enter the disputed building.

(2.) Interim order was granted keeping Ext.P9 order under suspension and the learned Public Prosecutor was directed to take instructions and make submissions.

(3.) Respondents 4 and 5 have also entered appearance before this court. The learned Public Prosecutor represents Respondents 1 to 3. It is brought to the notice of the court that the second respondent Sub Divisional Magistrate has already initiated proceedings under Section 145(1) Cr.P.C. M.C.362/06 is pending before the Sub Divisional Magistrate and the parties were directed to appear before the Sub Divisional Magistrate on 10/11/2006 to file statements of claim under Section 145 Cr.P.C. It is further submitted that both the contestants have already appeared before the Sub Divisional Magistrate.