IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 Crl.MC.No. 4599 of 2010 --------------------------------- [CMP.NO.2972/2010 IN CC.NO.427/2009 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT -II, MAVELIKKARA] .................... PETITIONER/DEFACTO COMPLAINANT: --------------------------------------------------------- SAJI .R., AGED 39 YEARS, MOOLAMKUZHIYIL, CHUNNAKKARANADUVIL, CHUNNAKKARA. BY ADVS. SRI.R.SUNIL KUMAR, SMT.A.SALINI LAL. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KRALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4599 OF 2010 --------------------------------------------------------- Dated this the 22nd day of November, 2010. O R D E R Petitioner the de facto complainant in C.C.427 of 2009 on the file of Judicial First Class Magistrate Court-II, Mavelikkara filed this petition for a direction to the Magistrate to consider and pass orders on Annexure-II. C.M.P.No.2972 of 2010 filed for further investigation under Section 173(8) of Code of Criminal Procedure. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. The argument of the learned counsel is that even though complaint was filed as against five accused, final report was submitted only against two and petitioner was unaware of the fact that final report was submitted only against two and she came to know that fact only when she received summons from the court and as the investigation was not proper, Annexure-2 application was filed and hence a direction is to be issued. 4. If based on the evidence recorded, Magistrate finds that persons who are not facing trial as accused in this case are also involved in the commission of offence and they should also be tried along with the petitioners, exercising the powers under Crl.M.C No.4599 OF 2010 2 Section 319 of Code of Criminal Procedure, learned Magistrate can proceed against them whatever it be, when Annexure-2 application is filed. It is for the learned Magistrate to pass appropriate order in accordance with law. Petition is disposed directing Judicial First Class Magistrate Court-II, Mavelikkara to consider and pass appropriate orders in C.M.P.No.2972 of 2010, in accordance with law expeditiously. M.SASIDHARAN NAMBIAR, JUDGE. mns