IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Crl.MC.No. 1443 of 2011(A) ------------------------- CC.1674/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... PETITIONER(S): ACCUSED 1-4 -------------------------- 1. VINOD, S/O.SIVANKUTTY, VINOD BHAVAN, KAILASOM MUKKU, THATTATHUMALA, KILIMANNOOR, THIRUVANANTHAPURAM. 2. SIVANKUTTY, VINOD BHAVAN, KAILASOM MUKKU, THATTATHUMALA, KILIMANNOOR, THIRUVANANTHAPURAM. 3. SAVITHRY, VINOD BHAVAN, KAILASOM MUKKU, THATTATHUMALA, KILIMANNOOR, THIRUVANANTHAPURAM. 4. BEENA, VINOD BHAVAN, KAILASOM MUKKU, THATTATHUMALA, KILIMANNOOR, THIRUVANANTHAPURAM. BY ADVS. SRI.B.MOHANLAL SRI.T.PRASAD RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, EZHUKONE POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. * ADDL. R2. SMT.BEENA, W/O.SASIDHARAN, ALUMKEEZHIL VEEDU, NEDUMONCAVU P.O., KOLLAM (ADDL.R2 IMPLEADED AS PER ORDER DATED 30.6.2011 IN CRL.M.A.NO:3997/11 IN CRL.M.C.1443/11) R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN R2 BY ADVS. SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1443 of 2011(A) APPENDIX PETITIONERS ANNEXURES: I: CERTIFIED COPY OF THE COMPLAINT AND FIR IN CRIME NO:837/2010 OF EZHUKONE POLICE STATION IN KOLLAM DISTRICT II: CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO:837/2010 OF EZHUKONE POLICE STATION IN KOLLAM DISTRICT RESPONDENTS ANNEXURES: NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 1443 OF 2011 (A) ------------------------------------------ Dated this the 23rd day of November, 2011 O R D E R The petitioners are accused Nos: 1 to 4 in C.C.No: 1674/2010 of Judicial First Class Magistrate Court-I, Kottarakkara. A complaint was filed by the father of the second respondent against the petitioners alleging offence under section 4 of Dowry Prohibition Act. That complaint was forwarded to the Police for investigation under section 156(3) of Cr.P.C. After conducting investigation, final report was filed against these petitioners alleging offence under section 4 of the Act as mentioned above. Based on the final report filed by the Police, the learned Magistrate took cognizance and issued process to the accused/petitioner. This petition is filed to quash the cognizance taken by the learned Magistrate. Crl. M.C. No: 1443 OF 2011 (A) -2- Adv. Sri. Mohanlal, learned counsel for the petitioner and Adv. Sri. Rajendran, learned counsel for second respondent have argued at length. The learned counsel for the petitioner has argued that there is no demand so as to attract the offence under section 4 of the Act. But that is resisted by the other side pointing out the facts and circumstances. I am not persuaded to accept the argument advanced on behalf of the petitioners but they are given liberty to file application before the Court below for discharge. That Court will dispose of the application in accordance with law uninfluenced by the dismissal of this petition. This petition is dismissed. N.K. BALAKRISHNAN, JUDGE jjj