NARAYANA MENON Vs. SUNDARIBHAI.K AND ORS.

JUDGEMENT

(1.) Sustainability of an order passed under Section 138 of the Code of Criminal Procedure (hereinafter referred to as "the Code" for brevity) solely on the basis of a consensus order passed in a proceeding under the Legal Services Authorities Act, 1987 is the question raised in this petition filed under Section 482 of the Code.

(2.) The petitioner herein is residing in a property which lies adjacent to the residential home of the first respondent herein. Certain trees standing in the property of the petitioner is alleged to be in such a condition as to attract the provisions of Section 133(1)(d) of the Code. On the basis of information received by way of a petition filed by the first respondent herein, the Sub Divisional Magistrate called for reports from the Village Officer. On being satisfied that the conditions contemplated under Section 133(1)(d) of the Code exists, the Sub Divisional Magistrate passed a conditional order and issued notice to the petitioner. The petitioner objected by filing Annexure-2. While so, the case was made over to the Tirur Taluk Legal Service Committee and after a discussion, Annexure-3 order was passed by which it was decided that the conditional order of R.D.O., Tirur be implemented only through the concerned Village Officer. Thereafter, on the strength of Annexure-3, Annexure-4 order was passed. The said order reads as follows:

(3.) The said matter was taken up in revision and the contentions raised by the petitioner did not find favour with the learned Additional Sessions Judge, Manjeri.