IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 Crl.MC.No. 4067 of 2008() ------------------------- CRIME NO.258/08 OF PAZHAYANNOOR POLICE STATION PETITIONER(S): PETITIONERS -------------------------- 1. KUTTAN @ JAYAN AGED 27 YEARS, S/O.,MADHAVAN, ANGALOOR HOUSE, MAYANNOOR,TALAPPILLY TALUK THRISSUR DISTRICT. 2. VINOD KUMAR, AGED 33 YEARS, S/O.MADHAVAN ANGALOOR HOUSE, MAYANNOOR,TALAPPILLY TALUK THRISSUR DISTRICT. 3. SUDHA AGED 30 YEARS, D/O.MADHAVAN ANGALOOR HOUSE, MAYANNOOR,TALAPPILLY TALUK THRISSUR DISTRICT. 4. KOCHU @ MEENAKSHI AGED 66 YEARS, W/O. MADHAVAN ANGALOOR HOUSE, MAYANNOOR,TALAPPILLY TALUK THRISSUR DISTRICT. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. STATE OF KERALA, S.I.OF POLICE PAZHAYANNOOR POLICE STATION, PAZHAYANNOOR, THRISSUR REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. KRISHNANKUTTY, S/O.ACHUTHAN NAIR 42 YEARS, VADKKEKURUVTH HOUSE, PADINJATTUMURI, MAYANNOOR P.O.,THRISSUR. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4067 of 2008 ---------------------------------------- Dated this the 5th day of November 2008 O R D E R The petitioners face allegations in a crime registered alleging offences punishable inter alia under Sections 324 and 354 I.P.C. That crime relates to an incident on 20/6/2008 and the crime was registered on 21/6/2008. All the four petitioners are named in the F.I.R. The offence under Section 326 I.P.C is not included in the F.I.R. Long later, the allegation under Section 326 I.P.C was included in the crime as per report dated 31/7/2008. The petitioners have come before this court now to contend that the belated inclusion of the allegation under Section 326 I.P.C is not justified at all. It is contended that the said inclusion is mala fide and not justified by any materials. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor was requested to take instructions. The learned Public Prosecutor submits that the records clearly reveal that one of the injured, the brother of the de facto complainant who is specifically referred to as an injured in the F.I.R, is shown to have suffered fracture of the 3rd and 4th Crl.M.C.No.4067/08 2 metacarpal and it is after receipt of authentic information of that aspect that the allegation under Section 326 I.P.C has been included. The case diary has been placed before me. The relevant discharge certificate dated 31/7/2008 is also perused by me. I find absolutely no merit in the grievance that Section 326 I.P.C has been included without any justification. 3. This Crl.M.C in these circumstances only deserves to be dismissed. I do so. (R.BASANT, JUDGE) jsr Crl.M.C.No.4067/08 3 Crl.M.C.No.4067/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008