High Court Kerala High Court

Anna P.George vs State Of Kerala on 17 July, 2009

Kerala High Court
Anna P.George vs State Of Kerala on 17 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 2018 of 2009()



1. ANNA P.GEORGE
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.M.K.DAMODARAN (SR.)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :17/07/2009

 O R D E R
                             THOMAS P. JOSEPH, J.
                           --------------------------------------
                             Crl.R.P.Nos.2018 of 2009
                                            &
                                    2038 of 2009
                           --------------------------------------
                      Dated this the 17th day of July, 2009.

                                        ORDER

Petitioners are accused in C.C.No.1236 of 2007 of the court of learned

Judicial First Class Magistrate-I, Ernakulam for offence punishable under Section

498A read with Section 34 of the Indian Penal Code (for short, “the Code”).

Case was registered on a complaint preferred by the wife of petitioner in

Crl.R.P.No.2038 of 2009. Petitioners moved C.M.P.Nos.3842 of 2008 and 3843

of 2008 in the court below seeking their discharge under Section 239 of the Code

of Criminal Procedure. Petitioners contended that averments in the complaint

and the connected records produced by the prosecution are not sufficient to

attract the offence punishable under Section 498A of the Code. Certain other

contentions are also taken up in their petitions. It is seen from the impugned

orders that learned magistrate has not referred to the contentions raised by

petitioners nor, to the relevant materials if any on record before concluding that

the materials prima facie show that petitioners committed offence as alleged. It

is true that for the purpose of framing charge, a detailed order is not required but

when a discharge is pleaded by a separate petition, learned magistrate is

required to pass a speaking order referring to the contentions raised and the

materials if any available on record. Orders under challenge do not satisfy that

Crl.R.P.Nos.2018 & 2038/2009

2

requirement. Hence the same are liable to be set aside and the matter remitted

to the court below for fresh disposal after consideration of the relevant points

involved.

2. It is submitted by learned counsel that personal attendance of

petitioners in the court below may be dispensed with and that they may be

permitted to appear through counsel. I make it clear that it will be open to the

petitioners to make such a request in the court below and if any such request is

made that court will consider that request and pass appropriate orders.

Resultantly, these revisions are allowed. Orders under challenge are set

aside and the matter is remitted to the court below for fresh disposal in the light

of the observations made above.

THOMAS P.JOSEPH,
Judge.

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