IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Crl.MC.No. 3464 of 2008() ------------------------- CRIME NO. 381 OF 2008 OF VADANAPPILLY POLICE STATION CP.58/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... PETITIONER(S): ACCUSED NO.8 --------------------------- BAGHATH SINGH, AGED 38 YEARS, S/O.MADHAVAN, VALLULLISSERY HOUSE, THAMPANKADAVU, THALIKKULAM VILLAGE, THRISSUR. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3464 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of October, 2008 O R D E R The petitioner is the 8th accused in a prosecution for offences punishable, inter alia, under Section 308 r/w. 149 I.P.C. Investigation is complete. Final report has already been filed. Committal proceedings has been registered. The petitioner has now come to this Court with a prayer that the allegations under Section 308 I.P.C. may be set aside and it may be observed that no offence under Section 308 I.P.C. will be revealed. 2. I am not satisfied that invoking the powers under Section 482 Cr.P.C. that question need be decided now. The petitioner must face that contention before the learned Magistrate at the stage of Section 227/228 Cr.P.C. The contention, if raised, needless to say, must be considered by the learned Magistrate on merits and appropriate decision taken. 3. This Crl.M.C. is dismissed. I may hasten to observe that the dismissal of this Crl.M.C. will not in any way fetter the rights Crl.M.C.No. 3464 of 2008 2 of the petitioner to claim discharge for the offence under Section 308 I.P.C. at the stage of Section 227/228 Cr.P.C. (R. BASANT) Judge tm