IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Crl.MC.No. 1228 of 2010() ------------------------------------- CC.508/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, ERNAKULAM .................... PETITIONER/CHANGE WITNESS NO.1: -------------------------------------------------------- OMANA, W/O.MANI, AGED 47 YEARS, MANNATHITHARAYIL HOUSE, THURUTHIKARA, KUREEKKAD VILLAGE, ERNAKULAM DISTRICT. BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENTS/COMPLAINANT & ACCUSED: ------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, MULANTHURUTHI, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. VINOD, S/O.VIJAYAN, KARIMATH HOUSE, NAMBOODIRISSAN MALA, KUREEKKAD P.O., ERNAKULAM DISTRICT. 3. RAJESH @ MARAR RAJESH, S/O.DIVAKARAN, PADMALAYAM HOUSE, KUREEKKAD VILLAGE, KUREEKKAD P.O ERNAKULAM DISTRICT. 4. VINOD, S/O.CHANDRAN, MATTATHIL HOUSE, KOTTAYATHUPARA, KUREEKKAD P.O. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1228 OF 2010 =========================== Dated this the 8th day of April,2010 ORDER The petitioner the de facto complainant filed a petition before Judicial First Class Magistrate's Court-I, Ernakulam to commit the case to the Sessions Court contending that in addition to the offences charged against the accused offences under section 3(1)(xi) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act is attracted. By Annexure VI order, learned Magistrate dismissed the petition. This petition is filed under section 482 of Code of Criminal Procedure to quash Annexure VI order. 2. Learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel is that petitioner and the witnesses were examined Crl.M.C.1228/2010 2 and their evidence shows that an offence under sections 3(1)(xi) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act is attracted and therefore learned Magistrate is bound to commit the case. Annexure VI order shows that the learned Magistrate on the evidence adduced did not find that an offence under sections 3(1)(xi) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act) is attracted. Learned Magistrate dismissed the petition holding that “at this stage it is not possible to arrive at a conclusion whether the accused had committed the offence under section 3(1)(xi) of Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act. The petition was dismissed only as premature. Petitioner is entitled to move an application on adducing further evidence, if there are sufficient material to show that an offence under section 3(1)(xi) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act is attracted. If an offence under section 3(1)(xi) of Scheduled Castes and Scheduled Crl.M.C.1228/2010 3 Tribe (Prevention of Atrocities) Act is attracted, learned Magistrate is bound to commit the case to the Sessions Court. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006