IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 Crl.MC.No. 4555 of 2010() ------------------------- CC.664/2009 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD .................... PETITIONER(S): 2ND ACCUSED: ------------------------------------------------ DR.MANJUNATHA SHETTY, AGED 46 YEARS, S/O.KUNHIRAMA MAIPADY, RESIDING AT CHANDRAMOULI HOUSE, IMA HALL ROAD, BEERANTHBAIL, KASARAGODE. BY ADVS. SRI.JAWAHAR JOSE, SMT.CISSYJAWAHAR. RESPONDENT(S): COMPLAINANT AND STATE: --------------------------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. *ADDL.R2 IMPLEADED: R2. SREEJA.K.B., W/O.LATE VIJAYAN, KIZHAKKEVALAPPU, KARIPODI, BEKAL PO, PALLIKARA II VILLAGE, KASARAGODE DISTRICT, PIN - 671 318. (*ADDL.R2 IS IMPLEADED AS PER THE ORDER DTD. 22/06/2011 IN CRL.M.A.NO.3851/11 IN CRMC.NO.4555/10) R1 BY PUBLIC PROSECUTOR SRI. M.R. VENUGOPAL R2 BY ADV. SRI.SURESH KUMAR KODOTH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.4555/2010 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A: COPY OF THE COMPLAINT. ANNEX.B: COPY OF THE FINAL REPORT. ANNEX.C: COPY OF THE MEMO OF EVIDENCE. ANNEX.D: COPY OF THE REPORT OF THE APEX BODY. ANNEX.E: COPY OF THE RELEVANT PAGES OF THE OPERATION REGISTER MAINTAINED AT MALIK DEENAR CHARITABLE HOSPITAL, KASARAGODE. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.4555 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of July, 2011 ORDER Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner is arrayed as second accused in C.C.No.664/2009 on the file of the Chief Judicial Magistrate Court, Kasargode for the offences punishable under Section 304(A) read with Section 34 of Indian Penal Code. 3. Learned counsel for the petitioner submits that there is no allegation of overt act against the petitioner as alleged. Petitioner filed an application to drop the proceedings on the ground stated in the application. In a case under Section 304A there has to be an allegation of overt act. It is open to the petitioner to file an application to drop the proceedings against the petitioner. If an appropriate application is filed on or before 8th of August 2011, learned Magistrate shall consider the same and pass appropriate orders thereon. If the petitioner files an application under Section 205 Cr.P.C. to dispense with his personal appearance, learned Magistrate shall allow the same on such terms and conditions he deems fit. Crl.M.C. is disposed of as above. B.P.RAY, JUDGE jes