IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 Crl.Rev.Pet.No. 418 of 2008() ----------------------------- CMP.6607/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VARKALA .................... REVN. PETITIONER: PETITIONER/COMPLAINANT ---------------------------------------- VARKALA SAJEEV, S/O.KANCHANAVALLY, VAISHNAVAM, KURAYKANNY, VARKALA P.O. (SECRETARY, ADVISORY COMMITTEE OF JANARDHANA SWAMY TEMPLE, VARKALA). BY ADV. SRI.THOMAS M.JACOB SRI.G.RAJAGOPAL RESPONDENT: ---------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV.SRI. V.T.K. MOHANAN, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 418 of 2008 ========================== Dated this the 13th day of February, 2008. ORDER Heard the learned counsel for the petitioner as well as the learned Public Prosecutor . There are sufficient averments in the complaint prima facie making out an offence as against accused Nos. 3 and 7 as well. What is required is only a prima facie case and not evidence sufficient to record a conviction. The learned Magistrate was not justified in excluding accused Nos. 3 and 7 from the cognizance. Accordingly, the order dated 06.09.2007 in C.M.P. No. 6607/2006 passed by the learned Judicial First Class Magistrate, Varkala so far as it excludes A3 and A7 from cognizance is set aside and accused Nos. 3 and 7 shall also be proceeded against the accused against whom cognizance is hereby taken. The Magistrate shall issue process to accused Nos. 3 and 7 as well for the offence for which the cognizance has already been taken against accused Nos. 1 to 4, 5 and 6. This Crl.R.P is disposed of as above. V. RAMKUMAR, JUDGE. rv