IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Crl.MC.No. 3698 of 2008 ---------------------------------- (CRIME NO. 456/05 OF CHAVARA POLICE STATION) .......... PETITIONERS/ ACCUSED NO.1 AND 3: ------------------------------------------------------ 1. NAZARUDEEN, S/O. MOHAMMED KUNJU, SHAKIRA MANZIL, MUKUNDAPURAM CHERRY, CHAVARA, KOLLAM DISTRICT. 2. NIYAZ, S/O. YONUS KUTTY, ANAKKARANTHAYATHU, MANAMPALLY, CHAVARA. BY ADV. SRI.C.RAJENDRAN. RESPONDENTS/ STATE & COMPLAINANT: ------------------------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. UNUSKUNJU, S/O. IBRAHIMKUTTY, CHOLAYIL PADINJATTATHIL, MUKUNDAPURAM, CHAVARA. 3. MUJEEB, S/O. IBRAHMKUTTY, VILAYIL VEEDU, KOTTUKKADU, PATTATHAM MURI, CHAVARA VILLAGE, KOLLAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/10/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3698 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of October, 2008 O R D E R The petitioners are accused 1 and 3 in a prosecution for offences punishable, inter alia, under Section 308 r/w. 34 I.P.C. Final report has been filed. Cognizance has been taken. Committal proceedings has been registered by the learned Magistrate. The only materials made available to the court are the F.I.R. and the final report and the only contention raised is that the inclusion of the charge under Section 308 I.P.C. is not justified. The wound certificate is not produced. The body note of the injured prepared by the police, which is part of the F.I. Statement, is also not produced. 2. I am satisfied from the materials presently available that there is absolutely no justification in the prayer for invocation of the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. The petitioner can certainly claim under Section 227/228 Cr.P.C. that no offence cognizable by a Court of Sessions is made out 2 from the allegations and from the materials produced and claim that the option under Section 228 Cr.P.C. may be followed and no charge may be framed under Section 227 Cr.P.C. for offences exclusively triable by a Court of Sessions. 3. This Crl.M.C. is dismissed with the observation that the dismissal of this petition will not in any way fetter the rights of the petitioners to raise appropriate contentions before the learned Session Judge at the stage of Section 227/228 Cr.P.C. (R. BASANT) Judge tm