IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 765 of 2008()
1. STANY ABRAHAM, AGED 33 YEARS, S/O.PAILY,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SMT.R.PADMAKUMARI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :12/03/2008
O R D E R
V. RAMKUMAR, J.
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Crl.M.C.No. 765 of 2008
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Dated this the 12th day of March, 2008
ORDER
The petitioner, who is the accused in crime No. 367 of 2006
of Manjeshwar Police Station for offences punishable under
Sections 380 and 381 r/w Section 34 of the Indian Penal Code
and now pending before the Judicial First Class Magistrate,
Kasaragod as C.C. No. 213 of 2007, seeks to quash Annexure-A4
charge sheet and all further proceedings before the Magistrate.
2. According to the petitioner, the original complaint lodged
by the de facto complainant not only arrayed the petitioner as
the 2nd accused but also made allegations against accused Nos. 1
and 3 besides alleging the commission of an offence punishable
under Section 381 IPC. But the police after investigation deleted
accused Nos. 1 and 3 and placing the petitioner alone for trial
after substituting Section 381 IPC with Section 457 IPC. No
reasons have been given by the Investigating Agency as to why
they have deleted accused Nos. 1 and 3 from the array of the
accused.
Crl.M.C.No. 765/2008
2
3. If, as a matter of fact, the petitioner has a grievance
that there has been no proper investigation in the case, the
petitioner can move the trial court under Section 173(8) Cr.P.C
and in the event of that court being convinced about the
grievance of the petitioner, that court can order further
investigation under Section 173(8) Cr.P.C. Reserving this right of
the petitioner, this Crl.M.C is dismissed.
V. RAMKUMAR, JUDGE.
rv