CHERUCHI Vs. STATE OF KERALA

JUDGEMENT

(1.) The above Crl. M.C. is preferred challenging Annexure-A order passed by the Sub-Divisional Magistrate, Muvattupuzha in exercise of his powers under Section 137(2) of the Code of Criminal Procedure in M.C. No. 131 of 2007 as the petitioners are aggrieved in staying a proceedings initiated at their instance. Though Annexure-A order is passed by the Sub-Divisional Magistrate, Muvattupuzha, the said authority is not arrayed as respondent in this Crl. M.C.

(2.) The grievance of the petitioners is that the functioning of granite quarry in Sy. Nos. 590/12, 590/6, 589/12, 590/7, 589/12, 589/8, 590/19 of Vengoor (W) Village, that too without obtaining necessary permissions from the authorities, create public nuisance and endanger to the life of the residents of Vengoor Village in Ernakulam District. It is stated in the petition that the concerned competent authorities have already found that the functioning of quarry is injurious to the interest of the public. According to the petitioners, the Sub-Divisional Magistrate, Muvattupuzha has no power to stay his own proceedings under Section 133(1) of the Code of Criminal Procedure and there is no statutory recognition for such action. Thus, according to the petitioners, the order impugned is liable to be set aside and the Sub-Divisional Magistrate may be directed to restore the order initially issued by the said officer.

(3.) I have heard learned Senior Counsel Sri. K. Ramakumar appearing for the petitioners, Smt. K.L. Lakshmi Rani, learned Public Prosecutor appearing for first respondent and also Sri. S. Vidyasagar, counsel appearing for respondents 3, 4 and 6.