IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 Crl.MC.No. 4246 of 2010(A) -------------------------------------- (C.M.P. NO. 2958/2010 IN C.C. NO.1133/2007 OF J.F.C.M COURT, KODUNGALLOOR) PETITIONER: ------------------- SANTHOSH,S/O.T.P.KANNAN, THANNIKKAPARAMBIL HOUSE, LOKAMALESWARAM VILLAGE, KODUNGALLOOR TALUK,THRISSUR DISTRICT. BY ADVS. SRI.BABU KARUKAPADATH, SMT.VAHEEDA BABU, SRI. K.A. NOUSHAD, SRI. P.G. PRAMOD, SRI. RAHU KANDAMPULLY. RESPONDENTS: ------------------------ 1. S.K.RAJAPPAN ACHARI,S/O.KRISHNANACHARI, SASTHAVINKAL HOUSE,LOKAMALESWARAM VILLAGE, KODUNGALLUR TALUK,THRISSUR DISTRICT, PIN: 680 664. 2. RAJAN,S/O.GOPALANACHARI,KATTIPADATH HOUSE,METHALA VILLAGE,KODUNGALLUR TALUK, THISSUR DISTRICT, PIN : 680 664. 3. VENU,S/O.MANI,KATTIPADATH THARAYIL HOUSE, LOKAMALESWARAM,KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN: 680 664. 4. MURUGAN,S/O.RAJAMANI,THUNDUTHARAYIL HOUSE,LOKAMALESWARAM VILLAGE,KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN: 680 664. 5. CHELLAPPANACHARI,S/O.CHITHAMBARAN, THAIPARAMBIL HOUSE,LOKAMALESWARAM VILLAGE, KODUNGALLUR TALUK,THRISSUR DISTRICT, PIN: 680 664. 6. STATE OF KERALA, REPRESENTED BY SUB- INSPECTOR OF POLICE,KODUNGALLUR(FIR NO.748/2007) POLICE STATION,THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4246 OF 2010 =========================== Dated this the 12th day of November,2010 ORDER Petitioner the de facto complainant, filed this petition challenging Annexure A8 order passed by Judicial First Class Magistrate Court-I, Kodungallur in Crl.M.P.2958/2010 in C.C.1133/2007 filed by the Assistant Public Prosecutor under section 216 of Code of Criminal Procedure, which was dismissed by the learned Magistrate. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. The argument of the learned counsel appearing for the petitioner is that being the President of the Society, at whose instance the case has been registered, is entitled to challenge Annexure A8 order and the learned Crl.M.C.4246/2010 2 Magistrate could have allowed the application and amended the charge as sought for. Petitioner is not entitled to challenge the order. Learned Public Prosecutor submitted that on perusing the Case Diary, no material is found warranting alteration of the charge as sought for as found by the Magistrate in Annexure A8 order. In such circumstance, I find no reason to interfere with Annexure A8 order. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006