IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 Crl.MC.No. 1003 of 2011() ------------------------- SC.417/2010 of ASSISTANT SESSIONS COURT, PERUMBAVOOR .................... (CRIME NO.115/2009 OF POTHANIKKAD POLICE STATION) PETITIONER(S): ACCUSED: ---------------------------------------- JAMES M.PETER, AGED 41, S/O. PATHROSE, MELKUNNEL HOUSE, VARAPPETTY VILLAGE. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, (CRIME NO.115/09), POTHANIKKAD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1003 of 2011 ==================================== Dated this the 29th day of March, 2011 O R D E R Petitioner is accused in Crime No.115 of 2009 of Pothanikkad Police Station and S.C. No.417 of 2010 of the court of learned Assistant Sessions Judge, Perumbavoor for offence punishable under Sections 511 and 336 of the Indian Penal Code. Annexure-I is the FIR and Annexure-I(a) is the first information statement given by the alleged victim. She gave an additional statement when questioned by the Investigating Officer later (See Annexure-III). Investigation culminated in Annexure-II, final report for offence under Secs.511 and 376 of the IPC. Now the matter is pending before learned Assistant Sessions Judge, Perumbavoor. According to the learned counsel Annexures-I(a) and III read together will not indicate offence under Secs.511 and 376 of the IPC and at the worst may amount to Sec.354 of the IPC. Learned counsel submitted that trial court has not so far framed charge against petitioner. If that be so the above said argument could be advanced at the time of framing charge. Without prejudice to the right of petitioner to raise the CRL.M.C. No.1003 of 2011 -: 2 :- plea/defence in the court of learned Assistant Sessions Judge, Perumbavoor at the stage of framing charge this Criminal Miscellaneous Case is closed. THOMAS P. JOSEPH, JUDGE. vsv