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M/S.RELIANCE COMMUNICATIONS LIMITED versus THE DISTRICT MAGISTRATE (DISTRICT

High Court of Kerala

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M/S.RELIANCE COMMUNICATIONS LIMITED v. THE DISTRICT MAGISTRATE (DISTRICT - Crl Rev Pet No. 2229 of 2007 [2007] RD-KL 9882 (8 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 2229 of 2007()

1. M/S.RELIANCE COMMUNICATIONS LIMITED
... Petitioner

Vs

1. THE DISTRICT MAGISTRATE (DISTRICT
... Respondent

2. STATE OF KERALA,

3. K.SADANANDAN, ANAND SREE,

For Petitioner :SRI.V.G.ARUN

For Respondent : No Appearance

The Hon'ble MR. Justice K.R.UDAYABHANU

Dated :08/06/2007

O R D E R

K.R. UDAYABHANU, J


=================================
CRL. R.P. NO. 2229 OF 2007
=================================

Dated this the 8th day of June, 2007.

O R D E R

The revision petitioner has sought for setting aside the order of the District Magistrate issued under Section 138 Cr.P.C specifically on the ground that the order is vitiated as the District Magistrate has violated the mandatory stipulations under SEction 138 Cr.P.C.

2. On a perusal of the order, I find that the District Magistrate has not complied with the provision in 138(1) Cr.P.C. that he shall take evidence in the matter as in a summons case. The order only mentions that the case was posted for hearing and both the parties were heard.

3. In the circumstances, I find that the order cannot be sustained. The same is set aside. The District Magistrate is directed to dispose of the case on merits after taking the evidence as contemplated under Section 138(1) Cr.P.C. The counsel for the respondent has pressed for a time limit to be CRL. R.P. NO. 2229/2007 : 2 : fixed pointing out that the life of the residents of the the locality is miserable on account of the continuous working of the generator. In the circumstances, the District Magistrate is directed to dispose of the matter at the earliest at any rate within one month from the date of receipt of a copy of this order. The Crl.R.P is disposed of accordingly.

K.R. UDAYABHANU, JUDGE.

rv CRL. R.P. NO. 2229/2007 : 3 :


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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