IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 Crl.MC.No. 2669 of 2008() ------------------------- CC.1868/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY CRIME NO.226/06 OF VELLIKULANGARA POLICE STATION .................... PETITIONER: ------------ SELEENA, W/O. PAUL, KALAPPURACKAL VEEDU, KUTTICHIRA VILLAGE, MARAMCODE DESOM. BY ADV. SRI.P.M.HABEEB RESPONDENTS: ------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER, VELLIKULANGARA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2669 of 2008 ------------------------------------------------- Dated this the 16th day of July, 2008 ORDER The petitioner – a woman, is the de facto complainant in a prosecution for offences punishable under Secs.354 and 506(ii) IPC. Cognizance has already been taken. The petitioner has already been examined before court. The petitioner appears to be dissatisfied with the quality of prosecution on the part of the State's prosecuting officials. The petitioner therefore wants a counsel to be engaged under Sec.302 Cr.P.C. to conduct the prosecution on her behalf. It is at this juncture that the petitioner has come to this Court. The matter stands posted to 18/7/08 for further evidence on the side of the prosecution. 2. Why has the petitioner come to this Court? If she wants an application to be filed under Sec.302 Cr.P.C., it Crl.M.C. No. 2669 of 2008 -: 2 :- certainly is to be filed before the learned Magistrate. That petition can be filed without the petitioner undertaking the burden of coming to this Court. The learned counsel for the petitioner submits that the petitioner apprehends that such application may not be considered expeditiously and examination of the remaining witnesses may take place even before that application under Sec.302 Cr.P.C. is considered by the learned Magistrate. 3. I will not attribute unreasonableness to the learned Magistrate unless satisfactory reasons are there. When an application is filed under Sec.302 Cr.P.C. for permission to conduct prosecution through a private counsel, I have no reason to assume that the learned Magistrate would be so unreasonable and perverse that he would proceed to hold that the petition can be considered only after all the witnesses are examined. It is unnecessary for this Court to issue any specific directions in the matter. I assume that if the petitioner files a proper application under Sec.302 Cr.P.C., the learned Magistrate will pass orders on that petition first before proceeding to examine any other witnesses. The petitioner and his counsel must, of course, get ready with the trial. Crl.M.C. No. 2669 of 2008 -: 3 :- 4. This Crl.M.C. is found to be without any merit. It is dismissed with the above observations. 5. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge