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.
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CRL.M.C.NO.3798 OF 2010
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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.