IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Crl.MC.No. 3578 of 2008() ------------------------- CC.1616/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM CRIME NO.721/04 OF KUNNAMKULAM POLICE STATION .................... PETITIONER(S): ACCUSED NO.1 --------------------------- RIYYASUDHEEN, AGED 32 YEARS, S/O.ABDUL SAMAD, KARANAPARAMBIL HOUSE, CHERPU P.O., THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS(S): COMPLAINANT --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3578 of 2008 ---------------------------------------- Dated this the 24th day of September 2008 O R D E R The petitioner who faces indictment in a prosecution under Section 420 I.P.C and against whom, after taking cognizance, coercive processes have been issued by the learned Magistrate, prays that directions may be issued under Section 482 Cr.P.C. The learned Magistrate may be directed to follow the stipulations in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339], it is prayed. 2. I am not satisfied that there is any need to issue directions to the Magistracy to follow the decision in Alice George (Supra). Every court is bound to follow the same. There are no reasons to assume that the same shall not be followed by any court. If there be any failure/omission to comply with such direction, the petitioner can raise appropriate challenge/complaint. It is not necessary for this court in every subsequent petition to issue directions under Section 482 Cr.P.C to the learned Magistrate to follow the dictum in Alice George (Supra). 3. This Crl.M.C is in these circumstances dismissed but with the above specific observations. Hand over copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) jsr Crl.M.C.No. 2 Crl.M.C.No. 3 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008