IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Crl.MC.No. 325 of 2008() ------------------------ ST.408/2007 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .................... PETITIONER: ACCUSED: -------------------- 1. JOSE, S/O.JOHN, AGED 52 YEARS, NIRAPPEL PUTHENPURAYIL, PERINGAZHA, PERUMBALLOOR P.O.,MUVATTUPUZHA. 2. ROSAMMA, W/O.JOSE, S/O.JOHN, AGED 52 YEARS, NIRAPPEL PUTHENPURAYIL, PERINGAZHA, PERUMBALLOOR P.O.,MUVATTUPUZHA. BY ADV. SRI.P.M.JOSHI SMT.JINU JOHN RESPONDENTS: COMPLAINANT: ------------------------- 1. CHACKO ATTUPILLY, S/O.ULAHANNAN, AGED 46 YEARS, RESIDING AT ATTUPILLIL HOUSE, MUTHALAKODAM, THODUPUZHA VILLAGE, THODUPUZHA TALUK 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 325 of 2008 ========================== Dated this the 31st day of January, 2008. O R D E R The petitioners are husband and wife and are shown as accused in Annexure-6 private complaint filed by the 1st respondent herein alleging offences punishable under Sections 499 and 500 r/w Section 34 IPC. 2. The petitioners are relying on certain documents to contend for the position that Annexure -6 complaint is ill motivated and is the product of retaliation by the 1st respondent against whom Annexure-4 complaint was filed by the 1st petitioner herein resulting in a police charge against him. 3. The documents produced by the petitioners cannot be looked into by this Court at this stage of the proceedings to hold that Annexure 6 complaint is ill motivated. It is for the Magistrate to consider the same at the appropriate stage. This Court exercising jurisdiction under Section 482 Cr.P.C will be loath to look into those documents which are not part of the prosecution records. Hence, this Crl. M.C is dismissed without prejudice to the right of the petitioner to press into service the documents produced by him, at the appropriate stage during the trial of the case.. V. RAMKUMAR, JUDGE. rv