IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Crl.MC.No. 3356 of 2011() ------------------------------ CC.2075/2010 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONER(S): ACCUSED 1 TO 3: ---------------------------------------- 1. HARIKRISHNAN, S/O.BHASKARAN NAIR, LAKSHMI VEEDU, SARAYU NAGAR -210, VALATHUNGAL CHERRY, ERAVIPURAM VILLAGE, KOLLAM. 2. VALSALA DEVI, W/O.BHASKARAN NAIR, LAKSHMI VEEDU, SARAYU NAGAR-210, VALATHUNGAL CHERRY, ERAVIPURMA VILLAGE, KOLLAM. 3. GANGA, W/O.HARIKRISHNAN, LAKSHMI VEEDU, SARAYU NAGAR-210, VALATHUNGAL CHERRY, ERAVIPURAM VILLAGE, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT: ---------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. * ADDL R2 IMPLEADED 2. SADASIVAN NAIR, S/O. KRISHNA PILLAI, KAIASOM, SARAYU NAGAR-209, VALATHUNGAL P/O/, ERAVIPURAM , KOLLAM - 691 018. * ADDL R2 IMPLEADED AS PER THE ORDER DATED 04/11/2011 IN CRMA. 7411/2011 IN CRMC. 3356/2011 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO. 3356/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1:COPY OF THE FIR AND FIS IN CRIME NO.424/2010 OF ERAVIPURAM POLICE STATION IN KOLLAM DISTRICT. ANNEXURE II:COPY OF THE FINAL REPORT STATION IN CRIME NO.424/2010 OF ERAVIPURAM POLICE IN KOLLAM DISTRICT. ANNEXURE III:COPY OF THE FIR AND FIS IN CRIME NO.424/2010 OF ERAVIPURAM POLICE STATION IN KOLLAM DISTRICT. ANNEXURE IV:COPY OF THE FINAL REPORT IN CP.88/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, KOLLAM. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3356 of 2011 ----------------------------------- Dated this the 6th day of December 2011 O R D E R Learned counsel for the petitioners submits that there are good grounds available to them to get an order of discharge. There are allegations and counter allegations with regard to the incident. Therefore, it is a case where the trial court has to go through the entire records to find the acceptability or otherwise of the case put forward by both sides. In such circumstances, petitioners can very well file an application before the court below for an order of discharge. 2. Learned Public Prosecutor would submit that there is a connected case against the opposite group which is now pending before the Sessions Court. If an application is filed, the learned Magistrate will dispose of that application in accordance with law. Till such application is filed, the learned Magistrate shall not frame charge against the accused. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, J UDGE. Jvt