High Court Kerala High Court

Shanthini vs Sub Inspector Of Police on 8 October, 2010

Kerala High Court
Shanthini vs Sub Inspector Of Police on 8 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3798 of 2010()


1. SHANTHINI, S/O. RAJENDRAN,
                      ...  Petitioner

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. NIJEESH.M.T., S/O. CHOYI,

3. STATE REP. BY PUBLIC PROSECUTOR,

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :08/10/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.

            ---------------------------------------------
               CRL.M.C.NO.3798 OF 2010
            ---------------------------------------------
             Dated        8th    October, 2010


                           O R D E R

Petitioner, the accused in

C.C.757/2009 on the file of Chief Judicial

Magistrate’s Court, Kalpetta filed this

petition under Section 482 of Code of Criminal

Procedure to quash the cognizance taken for

the offences under Sections 353 and 294(b) of

Indian Penal Code on Annexure-I final report.

2. Learned counsel appearing for

the petitioner and learned Public Prosecutor

were heard.

3. On hearing the learned counsel,

I do not find it for this Court to appreciate

the materials and decide whether all offences

or any of the offences is attracted.

Petitioner is entitled to raise all the

Crmc 3798/10
2

contentions before the learned Magistrate and

it is for the learned Magistrate to consider

whether offences shown in the final report or

some other offence is attracted, while framing

charge. Granting liberty to the petitioner to

raise all the contentions raised herein before

the learned Magistrate.

Petition is disposed.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.