P C ASRAF Vs. V P ABDULLA

JUDGEMENT

(1.) B-parties in MC 46/78 on the file of the Sub Divisional Magistrate, Tellicherry seek to revise the final order in the proceeding under S.145 of the Code of Criminal Procedure.

(2.) First respondent is A-party before the Magistrate and petitioners 1 and 2 B-parties. In the first floor of a two storied building by the side of O. V. Road, Tellicherry A-party is conducting a Radio shop as tenant and in the ground floor rooms B-parties are conducting textile shops. There was dispute between them on the question of displaying name boards in the parapet in front of the building. A-party alleged that originally B-parties displayed their name boards one foot below his name board, but subsequently changed the name board and displayed it touching his name board and thereby caused obstruction of visibility to it.

(3.) A-party complained about this to the police and the police made a report to the Sub-Divisional Magistrate on 19-12-1978. On the basis of that report the Magistrate initiated action under S.145 of the Code and issued a preliminary order. Both sides were required to put in their written statements and they did so.