IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 Crl.MC.No. 3187 of 2008() ------------------------- CP.18/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I,OTTAPPALAM .................... PETITIONER: ---------------------- SUNDARAN, S/O. SANKARA GUPTAN, RESIDING AT PULIYANKATTIL, THIRUVAZHIYODE DESOM, THIRUNARAYANAPURAM AMSOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. KRISHNANKUTTY CHETTIAR, S/O. KUTTAN CHETTIAR, RESIDING AT KALANKARATHODI, THIRUVAZHIYODE DESOM, THIRUNARAYANAPURAM AMSOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3187 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of September, 2008 O R D E R After discussions at the Bar and after taking detailed instructions the learned counsel accepts that the proviso to section 202(2) Cr.P.C. cannot be said to be offendive in as much as all the witnesses cited by the complainant were examined at the stage of Section 202 enquiry. 2. This Crl.M.C. is in these circumstances dismissed. But I may hasten to observe that the dismissal of this Crl.M.C. will not in any way fetter the rights of the petitioner to claim discharge under Section 227 Cr.P.C. and to raise all relevant objections at later stages in the trial. (R. BASANT) Judge tm