IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 Crl.MC.No. 4277 of 2010() ------------------------------------ CC.158/2010 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... PETITIONER(S): ---------------------- BABU JOSEPH, S/O.JOSEPH (LATE), PANNIKOTTIL HOUSE, PERUMBADAVAM P.O., KOTTAYAM. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SIBI MATHEW, S/O.PULPRAYIL MATHAI MATHEW, OMALLOR KARAYIL, KOTHANELOOR VILLAGE, KOTHANELLOR P.O., VAIKOM TALUK. 686 632. R1 BY PUBLIC PROSECUTOR SRI.B.VINOD R2 BY SRI.P.C.HARIDAS THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.4277/2010 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE COMPLAINT CMP. NO.3188/2009 DTD. 9.7.2009 FILED BY THE DEFACTO COMPLAINANT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VAIKOM. A2:- COPY OF THE PETITION DTD. 11.1.2008 FILED BY THE PETITIONER BEFORE THE S.I. OF POLICE , KADUTHURUTHY. A3:- COPY OF THE COMMISSION REPORT IN OS. 65/2008 . A4:- COPY OF THE ROUGH SKETCH PRODUCED ALONG WITH ANNEXURE 3. A5:- COPY OF THE REPORT FILED ON 8.4.2008. A6:- COPY OF THE COMMON ORDER IN IA. NO.158/2008 AND IA. 242/2008 IN OS. 65/2008. A7:- COPY OF THE JUDGMENT DTD. 21.10.2008. A8:- COPY OF THE FINAL REFERRAL REPORT DTD. 30.7.2008 SUBMITTED BY THS S.I. OF POLCIE KADUTHURUTHY POLICE STATION. A9:- COPY OF THE FINAL REPORT DT.D 17.2.2010 SUBMITTED BY THE DY. S.P. PALA IN F.I.R. NO.119/2008. A10:- COPY OF THE DEPOSITION OF PW1 THE DEFACTO COMPLAINANT DTD. 9.7.2009. A11- COPY OF THE DEPOSITION OF DW2 . RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 4277 of 2010 - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner is the accused in C.C. No. 158 of 2010 on the file of the Judicial First Class Magistrate, Vaikom for offences punishable under Sections 326, 323, 294(b), 506(ii), 341 and 34 IPC. The learned counsel for the petitioner states that while taking cognizance of the offences and issuing process, the learned Magistrate had not taken into consideration the two final reports submitted by the concerned Investigating Officer and the Superintendent of Police and he shall file an application for discharge before the trial court highlighting his grievances. If such an application is filed within four weeks from today, the learned Magistrate shall pass reasoned orders on the same within two weeks thereafter. 3. Learned counsel for the petitioner submits that personal appearance of the petitioner may not be insisted upon. The petitioner shall file an application under Section 205 Cr.P.C for Crl.M.C. No. 4277/2010 -:2:- dispensing with his personal appearance before the trial court. If such an application is filed, the learned Magistrate shall dispense with the personal appearance of the petitioner on such terms and conditions which he deems fit. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv