IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 Crl.MC.No. 3661 of 2011() ------------------------------------ CC.465/2011 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... PETITIONER(S): ACCUSED ----------------------------------------- 1. SIVAN, S/O.MADHAVAN, AGED 65 YEARS, SREENILAYAM HOUSE, THALAYAZHAM VILLAGE, VAIKKOM TALUK. 2. RETHNAMMA, W/O.SIVAN, AGED 55 YEARS, SREENILAYAM HOUSE, THALAYAZHAM VILLAGE, VAIKKOM TALUK. BY ADVS. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REP. BY S.I. OF POLICE, VELLOOR POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- COCHIN 31. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. 3661/2011 APPENDIX PETITIONER'S ANNEXURES A:- CERTIFIED COPY OF THE FIR. B:- FINAL REPORT IN CC.465/2011 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VAIKOM. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3661 of 2011 ----------------------------------- Dated this the 27th day of October 2011 O R D E R Petitioners are stated to be accused Nos.4 and 5 in C.C.No.465/2011 of J.F.C.M., Vaikom. The offences alleged against them are under Sec.498A and other sections. The learned counsel for the petitioners submits that there is absolutely no allegation worth convincing against these petitioners so as to take cognizance against the petitioners. It is further submitted that they are not members of the matrimonial home and there was no occasion for them to meddle with the family matters of the complainant and her husband. The further submission is that only because they are distantly related to the husband of the de facto complainant, these petitioners are also arrayed as accused. 2. Since the final report has already been filed and cognizance has been taken by the learned Magistrate, Crl.M.C. No.3661 of 2011 -: 2 :- petitioners can raise all these grounds before the learned Magistrate for getting an order of discharge. If such a petition is filed, the learned Magistrate will dispose of that application after hearing both sides. Till then, the physical presence of the petitioners need not be insisted by the learned Magistrate. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt