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2023 Supreme(Online)(KER) 12355

KUNHAYISHA C.K., REP. BY P/A HOLDER YOUSUF – Appellant
Versus
THE SUB DIVISIONAL MAGISTRATE, KOZHIKODE – Respondent


ORDER

This Criminal Miscellaneous Case is filed with the following prayer:

To call for the records and quash the Annexure- A11 proceedings in A.191/2016 of the Sub Divisional Magistrate Court, Kozhikode, so as to secure the ends of justice.

2. The petitioner is the respondent in a proceeding pending before the Sub Divisional Magistrate Court, Kozhikode and the proceedings is numbered as A.191/2016. It is the case of the petitioner that the Sub Divisional Magistrate without passing any judicial order and without considering the objection raised as to the maintainability of the complaint and without serving a copy of the complaint passed an oral order in the proceeding directing the 2nd respondent to close down the petitioner’s unit and consequently, the crusher unit is closed is the submission. The 2nd respondent is the Village Officer, Kizhakkoth Village, Kozhikode. It is also the case of the petitioner that no written order has been served on the petitioner. At that stage, this Crl.M.C is filed.

3. When this Crl.M.C came up for consideration on

31.10.2016, this Court passed the following order:

‘Admit. Learned Public Prosecutor takes notice for respondents 1, 2 and 7. Issue urgent noti

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