IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 Crl.MC.No. 410 of 2011() -------------------------------- CC.8/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, DEVICOLAM .................... PETITIONER(S): ACCUSED --------------------------------------- SURESH, AGED 30 YEARS, S/O. KARUPPUSAMY,RESIDING AT HOUSE NO. KGP 10/274, PATHADIPALAM KARA, KANTHALLUR VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.S.DILEEP (KALLAR) RESPONDENT(S): COMPLAINANT & STATE --------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. MUNIYAMMA, AGED 26 YEARS, D/O. THULASIMADAN, PERIYAKULAM KARA, DEVIKULAM TALUK, IDUKKI DISTRICT-685683. R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA R2 BY ADVS. SRI.N.K.KARNIS, SRI.SUMESH.S.KALARICKEL. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.410 of 2011 --------------------------------------- Dated this 06th day of April, 2011 ORDER Petitioner is accused in C.C.No.8 of 2009 of the Court of learned Judicial First Class Magistrate, Devikulam which arises from the final report in Crime No.151 of 2008 of Marayoor Police Station, for offence punishable under Sec.498A of the Indian Penal Code. That case was registered on the complaint of the second respondent. According to the second respondent, petitioner subjected her to cruelty demanding more ornaments. Learned counsel submitted that the allegations are false and that allegations do not constitute the offence. Learned counsel for second respondent however argued that on the materials on record the final report and cognizance are justifiable. 2. It is seen that police registered the case in the year 2008 and the learned Magistrate took cognizance of the offence and took the case on file in the year 2009. It is after two years that petitioner thought of quashing the proceeding on the groudn that no offence is made out. Petitioner was sleeping over the matter for the last two years. Now the case itself is ripe for trial. I do not think it necessary to interfere in the matter, at this stage. Crl.M.C.No.410 of 2011 -: 2 :- Petitioner can raise all his defences before the learned Magistrate. With the above observation this criminal miscellaneous case is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-