IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 Crl.MC.No. 3880 of 2010() ------------------------------------- C.C.271/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ATTINGAL. ........................ PETITIONER/COMPLAINANT ----------------------------------------- K.G. JAYASREE, D/O.GOPINATHA PILLAI, AGED 40 YEARS, S.P. NIVAS, VENJARAMMOODU, TRIVANDRUM DISTRICT. BY ADV. SRI.J.JAYAKUMAR RESPONDENTS/STATE & ACCUSED ---------------------------------------------------- 1. SUB INSPECTOR OF POLICE, VENJARAMMOD POLICE STATION, THIRUVANANTHAPURAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. RAJENDRAPRASAD PILLAI, AGED 56 YEARS, S/O.THANKAPPAN PILLAI, VADAKKEPLAVILA VEEDU, (T.S.MANDIRAM) KOONAYIL, PARAVOOR, KOLLAM. R1 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3880 of 2010 -------------------------- ORDER Petitioner is the complainant in C.C.No. 271/2007 on the file of Judicial First Class Magistrate's Court-II, Attingal. After conducting inquiry under Section 202 of Code of Criminal Procedure, learned Magistrate took cognizance of the offence and issued summons to the second respondent/accused. Even, according to the petitioner, learned Magistrate recorded the evidence as provided under Section 244 of Code of Criminal Procedure. After recording the evidence, learned Magistrate is bound to hear the complainant as well as the accused and decide whether there is a case to frame charge as provided under Section 246(1) of Code of Criminal Procedure or whether second respondent is to be discharged under Section 245(1) of Code of Criminal Procedure. This petition is filed for a direction to the Magistrate to take CRMC 3880/10 2 cognizance for the offence under Section 494 of Indian Penal Code. 2. If, on the evidence, learned Magistrate finds that an offence under Section 494 of Indian Penal Code is attracted, he is at liberty to frame charge for the said offence also. Petitioner is at liberty to raise all the contentions before the Magistrate. Petition is disposed. 22nd September, 2010 (M.Sasidharan Nambiar, Judge) tkv