IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Crl.MC.No. 1291 of 2010() ------------------------- CC.30/2001 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA .................... PETITIONER(S): ACCUSED: ----------------------- ARUNDAS P., S/O.INDIRA PARAPURATH HOUSE, ENKAKKADU KARA, VADAKANCHERY, THRISSUR DISTRICT. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.S. HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. 1291 of 2010 * * * * * * * * * * * * * * * * * * Dated, this the 19th day of May 2010 ORDER Petitioner who is the first accused in Crime No. 369 of 2000 of Wadakkancherry Police Station presently pending before the J.F.C.M. Wadakkancherry as C.C. No. 30 of 2001 for an offence punishable under Section 292 (2) (a) I.P.C. and Sections 3 and 6 of (Indecent Representation of Women) Prohibition Act, challenges Annexure A9 court charge dated 25-2-2010 framed by the learned Magistrate against the petitioner for the aforesaid offences. 2. The contention of the petitioner is as follows:- The cassets allegedly containing the obscene material were admittedly seized from Shop room No. IV/162 of Wadakkancherry Panchayath and run under the name and style of “Syam Videos” of which one P. Shyamdas is the owner as evidenced by Annexures A6, A7 and A8 respectively. The Crl.M.C. 1291 of 2010 -:2:- petitioner is one Arun Das who is running Arun Photo Studio as evidenced by Annexures A1 and A2 in Room No. IV/163 in the same building. Therefore, the petitioner cannot be held responsible for the seizure of obscene cassets, if any, from the shop room belonging to Shyam Das who is running Shyam videos. 2. It is too early to consider the above contention in a petition under Sec. 482 Cr.P.C. The learned Magistrate having found a prima facie case for framing charge against the accused after perusing the prosecution records, the remedy of the petitioner is now to face trial and seek to get an acquittal. i am not inclined to interfere with the trial of the case which has started with the framing of the charge. Crl. M.C. is disposed of without expressing any opinion on merits. Dated this the 19th day of May 2010. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ P.S. to Judge