IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 3157 of 2007()
1. JAYADEVI, D/O. DEVAKI,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.SUMAN CHAKRAVARTHY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :24/08/2007
O R D E R
V. RAMKUMAR, J.
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Crl. R.P. No. 3157 OF 2007
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Dated this the 24th day of August, 2007
O R D E R
The revision petitioner is the defacto complainant in
Crime No.258/06 of Neyyardam Police Station for offences
punishable under sections 447 and 436 IPC. He challenges the
order dated 13.2.07 passed by the JFCM, Kattakkada in
CP.No.7/07.
2. Eventhough the 2nd respondent/accused was duly
served, he has not chosen to enter appearance.
3. After investigation in the above crime, the police filed a
charge sheet against the 2nd respondent herein for the aforesaid
offences. The JFCM, Kattakkada took cognizance of the
aforesaid offences and registered the case as C.P.No.7/2007 on
1.2.2007. Thereafter, on 13.2.07 the Magistrate took the view that
section 436 IPC is not made out and converted the C.P. case into
a C.C. case and re-registered the case as C.C.No.126/07. It is the
said order which is assailed by the defacto complainant.
4. The procedure adopted by the learned Magistrate is a
strange one. After taking cognizance of the offences one of which
Crl.R.P.No.3157/07
: 2 :
is sessions offence and after registering the case as CP.7/07 the
Magistrate could not have made a somersault by deleting the
offence under section 436 IPC and converting the committal
proceedings into C.C.No.126/07. That at best, could have been
done by the court of sessions under section 228 Cr.P.C. after the
preliminary hearing under section 227 Cr.P.C. The order passed
by the Magistrate deleting section 436 IPC and re-registering the
case as C.C.126/07 is set aside and the Magistrate is directed to
proceed with CP.7/07 in accordance with law.
This revision is disposed of as above.
(V. RAMKUMAR, JUDGE)
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