IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4067 of 2008()
1. KUTTAN @ JAYAN
... Petitioner
2. VINOD KUMAR,
3. SUDHA
4. KOCHU @ MEENAKSHI
Vs
1. STATE OF KERALA, S.I.OF POLICE
... Respondent
2. KRISHNANKUTTY, S/O.ACHUTHAN NAIR
For Petitioner :SRI.SHOBY K.FRANCIS
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :05/11/2008
O R D E R
R.BASANT, J.
----------------------
Crl.M.C.No.4067 of 2008
----------------------------------------
Dated this the 5th day of November 2008
O R D E R
The petitioners face allegations in a crime registered
alleging offences punishable inter alia under Sections 324 and
354 I.P.C. That crime relates to an incident on 20/6/2008 and
the crime was registered on 21/6/2008. All the four petitioners
are named in the F.I.R. The offence under Section 326 I.P.C is
not included in the F.I.R. Long later, the allegation under
Section 326 I.P.C was included in the crime as per report dated
31/7/2008. The petitioners have come before this court now to
contend that the belated inclusion of the allegation under
Section 326 I.P.C is not justified at all. It is contended that the
said inclusion is mala fide and not justified by any materials.
2. Notice was given to the learned Public Prosecutor.
The learned Public Prosecutor was requested to take
instructions. The learned Public Prosecutor submits that the
records clearly reveal that one of the injured, the brother of the
de facto complainant who is specifically referred to as an injured
in the F.I.R, is shown to have suffered fracture of the 3rd and 4th
Crl.M.C.No.4067/08 2
metacarpal and it is after receipt of authentic information of that
aspect that the allegation under Section 326 I.P.C has been
included. The case diary has been placed before me. The
relevant discharge certificate dated 31/7/2008 is also perused by
me. I find absolutely no merit in the grievance that Section 326
I.P.C has been included without any justification.
3. This Crl.M.C in these circumstances only deserves to
be dismissed. I do so.
(R.BASANT, JUDGE)
jsr
Crl.M.C.No.4067/08 3
Crl.M.C.No.4067/08 4
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008