IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 7029 of 2008(J) ------------------------- CC.471/2001 of ADDL.C.J.M.,TRIVANDRUM .................... PETITIONER: ------------ DR.MATHEW ABRAHAM, S/O.LATE P.T.ABRAHAM, BELMONT, VALLAKKADAVU, TRIVANDRUM. BY ADV. SRI.S.SREEKUMAR SRI.NAGARAJ NARAYANAN SRI.P.MARTIN JOSE SRI.SAIJO HASSAN SRI.SABU SREEDHARAN RESPONDENTS: ------------- 1. V.GOPALAKRISHNAN, S/O.VASUDEVA PANICKER, HOUSE NO.PRA 92, MADUTHALA BHAGAVATHY KSHETHRAM ROAD, POOJAPPURA (P.O), TRIVANDRUM, NOW WORKING AS DEPUTY SUPERINTENDENT OF POLICE, KERALA STATE HUMAN RIGHTS COMMISSION, TRIVANDRUM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C).No.7029 of 2008 ------------------------------------- Dated this the 27th day of March, 2008 JUDGMENT Petitioner is the complainant in a private complaint filed alleging commission of offences punishable, inter alia, under Section 307 I.P.C. Cognizance was not taken under Section 307 I.P.C, but was taken only of the offence punishable, inter alia, under Section 324 I.P.C. The petitioner came to this Court earlier with Crl.R.P.3660 of 2007 complaining about the course adopted by the learned Magistrate. By order dated 26.10.07 in Crl.R.P.No.3660 of 2007, the said order passed by the learned Magistrate was set aside and the learned Additional Chief Judicial Magistrate, Trivandrum was directed to pass fresh order under Section 203/204 Cr.P.C. 2. When the matter went before the learned Magistrate for passing appropriate orders under Section 203/204 Cr.P.C, the petitioner wanted the learned Magistrate to give him permission to adduce some further evidence. The learned Magistrate, by the impugned order, turned down the said request and did not grant such opportunity. W.P(C).No.7029 of 200 2 3. The petitioner complains that reasonable opportunity has been denied to him and prays that there may be a clarification that the petitioner must be given opportunity to place further materials, if any, before the learned Magistrate before the matter is considered afresh and appropriate orders passed under Section 203/204 Cr.P.C. 4. Having considered all the relevant inputs, I am satisfied that the petitioner can be given such a further opportunity. 5. This Writ Petition is accordingly allowed and it is directed that the petitioner shall be given opportunity by the learned Magistrate to place any further materials – oral and documentary, before the learned Magistrate, before the matter is taken up for passing order under Section 203/204 Cr.P.C. (R.BASANT, JUDGE) rtr/-