IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Crl.MC.No. 3376 of 2011 -------------------------------- CC.2/2011 of JUDL. MAGISTRATE OF FIRST CLASS-II, HARIPAD .................... PETITIONERS/IST AND 2ND ACCUSED: 1. SANTHOSH CHACKO (AGED 28 YRS) S/O.T.V.CHACKO, AMPATTU HOUSE, THAMALLAKKAL P.O, ALAPPUZHA DIST., KERALA STATE PIN 690 549. 2. T.V.CHACKO,(AGED 60 YRS), S/O.LATE C.M.GEEVARGHESE, AMPATTU HOUSE, THAMALLAKKAL P.O, ALAPPUZHA DISTRICT KERALA STATE PIN 690 549. BY ADV. SRI.M.A.PRABHU SRI.K.S.ARUN KUMAR RESPONDENTS/STATE AND DEFACTO COMPLAINANAT: 1. STATE OF KERALA REP.BY THE LEARNED PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. JISSA JOSEPH,(AGED 26 YRS), D/O.M.C.JOSEPH,MEDAYIL HOUSE, KARUVATTA P.O, ALAPPUZHA DISTRICT KERALA 690 517. R1 BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN CRMC 3376/2011 ANNEXURE-A TRUE COPY OF THE FIR DT. 13.8.2010 FILED BY THE I.O. BEFORE JFCM-II HARIPAD ANNEXURE-A1 CERTIFIED COPY OF THE FINAL REPORT FILED BY THE INVESTIGATING OFFICER BEFORE JFCM-II HARIPAD ANNEXURE-A2 CERTIFIED COPY OF THE STATEMENTS DT. 13.8.2010 GIVEN BY FIVE WITNESSES TO THE POLICE WHICH WAS FILED BY THE INVESTIGATING OFFICER ALONG WITH FINAL REPORT (ANNEXURE A1) BEFORE JFCM-II HARIPAD ANNEXURE-A3 TRUE COPY OF THE REPORT DT. 12.1.2011 FILED BY THE INVESTIGATING OFFICER BEFORE JFCM-II HARIPAD ANNEXURE-A4 TRUE COPY OF THE REPORT DT. 12.1.2011 FILED BY THE INVESTIGATING OFFICER BEFORE JFCM-II HARIPAD FOR ISSUEING A SEARCH WARRANT ANNEXURE-A5 TRUE COPY OF THE SEARCH LIST DT. 14.1.2011 FILED BY THE INVESTIGATING OFFICERBEFORE JFCM-II HARIPAD ANNEXURE-A6 TRUE COPY OF THE PETITION FILED BY THE FIRST PETITIONER BEFORE JFCM-II HARIPAD SEEKING DIRECTION FOR PREVENTING MISCHIEF BY HARIPAD POLICE IN THE GUISE OF SEARCH AND FURTHER INVESTIGATION /TRUE COPY/ N.K.Balakrishnan, J. ------------------------------------------- Crl.M.C.No.3376 of 2011 ------------------------------------------- Dated this the 10th day of October, 2011 ORDER Petitioners are the accused in C.C.No.2/2011 of Judicial First Class Magistrate Court-II, Haripad. Charge sheet was laid against them alleging offences under Sections 498A and 406 read with Section 34 of Indian Penal Code. Learned counsel for the petitioners mainly attacks the search conducted by the Investigating Officer. Illegality, if any, in the conduct of search by the Investigating Officer is a matter to be canvassed before the learned Magistrate at the appropriate time. Learned counsel also submits that earlier, a petition filed by the defacto complainant under the Protection of Women from Domestic Violence Act was dismissed and so, the allegations in the charge sheet are not true. 2. Learned Magistrate has, acting upon the charge sheet, took the case on file and issued summons to the accused. Since cognizance has already been taken by the learned Magistrate, petitioners can raise their contentions before the learned Magistrate at the time of framing the charge. With this observation, this petition is disposed of. (N.K.Balakrishnan, Judge) tkv