IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 Crl.MC.No. 3068 of 2011() --------------------------------- CP.16/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY ..................................................................................................................................... PETITIONER(S): /ACCUSED ------------------------------------------ SHAMSUDHIN.E.K,S/O.MOIDEEN,AGED 32 YEARS EERMANKANDIYIL,ADIVARAM,PUTHUPADI AMSOM, DESOM,KOZHIKODE DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S):/ PETITIONER ---------------------------------------------- STATE OF KERALA-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. BY PUBLIC PROSECUTOR SRI. B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS Crl.MC.No. 3068 of 2011() APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE F.I.R. IN CRIME 480/06 OF THE THAMARASSERY POLICE STATION P2: COPY OF THE FINAL REPORT IN CRIME 480/06 OF THAMARASSERY POLICE STATION P3: TRUE TRANSLATION OF THE CHARGE AGAINST THE PETITIONER RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE DS N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3068 of 2011 ----------------------------------- Dated this the 27th day of September 2011 O R D E R Petitioner is the accused in Crime No.480/2006 of Thamarassery Police Station. The offences alleged are Secs.420, 376 and 313 of IPC. The incident was stated to have occurred in December, 2005. After completing the investigation, final report was filed. The learned Magistrate took cognizance and numbered it as C.P.No.16/2008. The accused was absconding. After completing the procedure including procedure under Secs.82 and 83 Cr.P.C., it was transferred to the Registry of C.P. Cases and it is now pending as L.P.No.14/2009 on the file of J.F.C.M.-I, Thamarassery. 2. The learned counsel for the petitioner submits that investigation was not conducted properly and that there are no materials to proceed against the accused. The Crl.M.C. No.3068 of 2011 -: 2 :- accused has not appeared before the court so far. It is for the accused to appear before the Magistrate's court and move for appropriate reliefs. The offences alleged are serious in nature. The accused can move the Sessions Court under Sec.227 Cr.P.C. (after he appears) for dischare. This Court finds no ground to quash the charge sheet already filed by the police. This Crl.M.C. is disposed of as stated above. N.K.BALAKRISHNAN, JUDGE. Jvt