IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 Crl.MC.No. 1063 of 2011() ------------------------- CC.784/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY .................... PETITIONER(S)/COMPLAINANT :- ---------------------------------------------- USHADEVI, AGED 41 YEARS, W/O.MURALEEDHARAN, ETTUVEETTIL HOUSE, POOLANI, MELOOR VILLAGE, KORATTY, CHALAKUDY. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S) :- ------------------------ STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.K.J.MOHAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt THOMAS P. JOSEPH, J. ~~~~~~~~~~~~~~~~ Crl.M.C. No.1063 of 2011 ~~~~~~~~~~~~~~~~~ Dated this the 31st day of March 2011 O R D E R Grievance of petitioner/complainant is that learned Magistrate while taking cognizance against accused 1 to 14 for offence punishable under Sec.323 r/w Sec.34 of the Indian Penal Code (for short, “the IPC”), has refused to take cognizance of the offences punishable under Secs.143, 447, 341, 506(i), 294(b), 354 and 324 r/w Sec.34 of the IPC. Learned Magistrate took cognizance of offence punishable under Sec.323 alone and issued process to accused 1 to 14 in C.C.No.784 of 2010 of the court of learned Judicial First Class Magistrate, Chalakudy. I have heard learned counsel for petitioner and the learned Public Prosecutor also. 2. The order refusing to take cognizance for certain offence is a final order and at any rate, not an interlocutory order and hence that order is revisable under Sec.397(1) of Crl.M.C. No.1063 of 2011 -: 2 :- the Code of Criminal Procedure. Petitioner has to challenge the order to the extent that learned Magistrate refused to take cognizance of certain offences as provided under law invoking revisional jurisdiction of the appropriate court. With the above direction this Crl.M.C. is closed. THOMAS P. JOSEPH, JUDGE. Jvt