IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 Crl.MC.No. 2761 of 2011() ------------------------------- AGAINST THE JUDGEMENT/ORDER IN OPC.187/2011 Dated 25/01/2011 CRL. MP. NO.264/2011 IN SC.276/2010 of ADDL. SESSIONS COURT (ADHOC), PATHANAMTHITTA (CRMP 264/2011) .................... PETITIONER(S): 1ST ACCUSED ------------------------------------ C.V.SANTHAKUMAR, S/O.VASU, MUTHUPAAZHUMKAL CHARUVILAYIL, ARUVAPULAM, KONNI, PATHANAMTHITTA. BY ADVS. SRI.MVS.NAMBOOTHIRY SRI.R.VINU RAJ RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.2761 of 2011 ----------------------------------- Dated this the 17th day of October 2011 O R D E R The first accused in S.C.No.276/2010 of Addl. Sessions Court-I (Adhoc), Pathanamthitta is the petitioner. This petition was filed challenging Annexure A9 order. The crime was registered alleging offence punishable under Sec.302 r/w Sec.149 IPC. When the final report was filed, Sec.302 IPC has been substituted with Sec.304 IPC. The learned counsel submits that subsequently the learned Sessions Judge while framing charge did not frame charge under Sec.304 IPC but only under Sec.324 and other sections. 2. The learned counsel submits that in the light of the subsequent order, he may be allowed to withdraw this petition but giving opportunity to challenge the order of charge before the court where the case is to be tried. Crl.M.C. No.2761 of 2011 -: 2 :- Since, the charge has already been framed by the learned Sessions Judge and as the case has been forwarded to the CJM, Pathanamthitta he can challenge the order framing charge before the appropriate forum. Hence, this Crl.M.C. is disposed of as withdrawn with liberty to the petitioner to challenge the order framing charge before the appropriate forum. N.K.BALAKRISHNAN, JUDGE. Jvt