IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4599 of 2010()
1. SAJI R., AGED 39 YEARS, MOOLAMKZHIYIL,
... Petitioner
Vs
1. STATE OF KRALA, REP.BY PUBLIC
... Respondent
For Petitioner :SRI.R.SUNIL KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :22/11/2010
O R D E R
M.SASIDHARAN NAMBIAR, J.
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Crl.M.C No.4599 OF 2010
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Dated this the 22nd day of November, 2010.
O R D E R
Petitioner the de facto complainant in C.C.427 of 2009 on
the file of Judicial First Class Magistrate Court-II, Mavelikkara filed
this petition for a direction to the Magistrate to consider and pass
orders on Annexure-II. C.M.P.No.2972 of 2010 filed for further
investigation under Section 173(8) of Code of Criminal Procedure.
2. Learned counsel appearing for petitioner and learned
Public Prosecutor were heard.
3. The argument of the learned counsel is that even though
complaint was filed as against five accused, final report was
submitted only against two and petitioner was unaware of the fact
that final report was submitted only against two and she came to
know that fact only when she received summons from the court
and as the investigation was not proper, Annexure-2 application
was filed and hence a direction is to be issued.
4. If based on the evidence recorded, Magistrate finds that
persons who are not facing trial as accused in this case are also
involved in the commission of offence and they should also be
tried along with the petitioners, exercising the powers under
Crl.M.C No.4599 OF 2010 2
Section 319 of Code of Criminal Procedure, learned Magistrate
can proceed against them whatever it be, when Annexure-2
application is filed. It is for the learned Magistrate to pass
appropriate order in accordance with law.
Petition is disposed directing Judicial First Class Magistrate
Court-II, Mavelikkara to consider and pass appropriate orders in
C.M.P.No.2972 of 2010, in accordance with law expeditiously.
M.SASIDHARAN NAMBIAR, JUDGE.
mns