IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V ST TUESDAY, THE 1 DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 CRL.MC NO. 4341 OF 2023 AGAINST THE ORDER IN MC NO.317/2023 OF SUB DIVISIONAL MAGISTRATE, KOZHIKODE PETITIONER/COUNTER PETITIONER :-

SHAHBAZ, AGED 34 YEARS S/O NISAR AHAMMED, KUTTIYIL THAZHAM HOUSE, MURIYAD, POKUNN, KOZHIKODE DISTRICT -, PIN - 673014 BY ADV T.S.SARATH RESPONDENT/S:

1 STATE OF KERALA REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

2 THE SUB DIVISIONAL MAGISTRATE KOZHIKODE DISTRICT -, PIN - 673001

3 THE STATION HOUSE OFFICER KASABA POLICE STATION, KOZHIKODE DISTRICT -, PIN - 673004 BY SRI.VIPIN NARAYAN, SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

This petition is filed by the petitioner challenging the order dated

27.04.2023 passed by the Sub Divisional Magistrate Court, Kozhikode invoking the powers under Section 107 of the Code of Criminal Procedure (“the Code” for the sake of brevity).

2. As per the impugned order issued under Section 107 of the Cr.P.C., the learned Sub Divisional Magistrate has called