IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 Crl.Rev.Pet.No. 1948 of 2011() ------------------------------ CC.125/2008 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... REVN. PETITIONER(S)/COMPLAINANT: --------------------- K.T. PRASAD, S/O. GOPALAN, POSH GARDEN HOUSE, NELLIKKODE AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.P.K.ABOOBACKER(EDAPPALLY) SMT.LAISA B.JOSE RESPONDENT(S)/ACCUSED: --------------- 1. M. MURALEEDHARAN, S/O. GOPALAN, AGED 54 YEARS, KRISHNA PRASADAM, P.O. KOTTULI, KOZHIKODE - 685 015 2. C. SUBRAMANIAN, 56 YEARS, S/O. KUTTAN, CHERIYA MANGAD, P.O. MEDICAL COLEGE, KOZHIKODE - 685 009 3. V.P. ASOKAN, 52 YEARS, POTTAMMAL.P.O, KOTTAMPARAMB, MAYANAD AMSOM, KARANTHOOR DESOM, MUNDIKKALTHAZHAM, KOZHIKODE - 685 009 4. V. VINOD KUMAR, 28 YEARS, S/O. RAGHAVAN, PATHAYAPARAMBIL, P.O. PANTHEERANKAVU, KOZHIKODE-19. 5. ANAND.K, 31 YEARS, KANIAMVEETIL.P.O, MANKAVU, KOZHIKODE 685 011. 6. PRASOBH KUMAR, 25 YEARS, S/O. PRASANNAKUMAR, THARAMMAL HOUSE, PARAMESWARA PADMAM, P.O. KOTTOOLI, KOZHIKODE -16. Crl.R.P.No.1948/2011 7. K.P. DAMODARAN, 65 YEARS, SRUTHY, KOLERIPARAMBU, CHEVAYUR.P.O, KOZHIKODE - 685 009 8. SOMASUNDARAN.P, 51 YEARS, 5/2726, JAWAHAR COLONY, THIRUTHYADU, PUTHIYARA.P.O, KOZHIKODE -4. 9. V.R. SHINE, 55 YEARS, SECRETARY, SNDP UNION OFFICE, SOUTH, K.R. COMPLEX, KANNUR ROAD, KOZHIKODE - 685 009. 10. ANEENDRAN, S/O. RAVEENDRAN, KANNOLI, CHEVARAMBALAM.P.O, KOZHIKODE 685 009. 11. P. VASUDEVAN, SANTHOSH PRESS AND BOOK DEPOT, PAVAMANI ROAD, KASABA AMSOM DESOM, KOZHIKODE 685 009. 12. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECTOR, HIGH COURT OF KERALA, ERNAKULAM. 682 031 PUBLIC PROSECUTOR SRI.M.R.VENUGOPAL THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- Crl.R.P.NO.1948 OF 2011 ----------------------------------- Dated this the 11th day of August, 2011 O R D E R Revision is by the complainant in C.C.No.125 of 2008 pending on the file of the Judicial First Class Magistrate Court - IV, Kozhikode. His complaint was against 11 persons imputing the offences under Sections 120B, 500 and 501 of the Indian Penal Code against them, the accused 1 to 10 had conspired with A11 and published a notice containing defamatory statements against him, was the case of the complainant. After cognizance taken on the complaint the accused appeared in response to the summons issued. Evidence of the complainant, from the submissions made by the learned counsel for the revision petitioner, is practically completed. He, then, moved an application under Section 91 of the Code of Criminal Procedure seeking directions/orders to compel the 11th accused (A11) to Crl.R.P.No.1948/2011 2 produce a bill book before the court. On an affidavit filed by A11 stating that the bill book sought to be produced on the application moved by the complainant was not available with him, the learned Magistrate closed that petition. Still, the complainant was not satisfied. He moved a fresh application for summoning that bill book by issuing a search warrant to the concerned Station House Officer. Taking note of the affidavit previously filed by A11, the learned Magistrate closed that petition also. Thereafter, the complainant moved anther petition seeking alteration of the offences imputed against the accused, so as to incorporate offences covered under the Press and Registration of Books Act, 1867. The learned Magistrate has dismissed that petition. Propriety, legality and correctness of that order is assailed in this revision. 2. At the time of hearing, the learned counsel for the petitioner fairly conceded that the offences alleged in the complaint warrants trial as in a summons case and that procedure has been followed by the learned Magistrate as well. The complainant has no case that material particulars had been Crl.R.P.No.1948/2011 3 stated in his complaint to constitute the new offences, which are sought to be levelled against the accused and there was failure on the part of the court in taking cognizance of such offences when summons was ordered against the accused. He now wants to inculpate the accused for new offences under the Press and Registration of Books Act, 1867 for the reason that the document, which was sought to be produced through one of the accused (A11), under the relevant provisions of the aforesaid Statute, has to be compulsorily kept and retained by him for the period of time fixed. Since the accused filed an affidavit that he has not kept such document, the present application was moved as if the complainant is entitled to seek inclusion of offences covered under the afore mentioned Act, though summons was issued to the accused only in respect of the offences under the Indian Penal Code, of which, cognizance was taken on the complaint. The steps taken by the complainant, and the procedure adopted by him one after the other, filing petitions to seek inclusion new offences against the accused; where the trial has to proceed as a summons case, were patently not entertainable. The dismissal of the petition of the complainant Crl.R.P.No.1948/2011 4 by the learned Magistrate was proper and correct, and it does not call for any interference. Revision is dismissed. S.S.SATHEESACHANDRAN JUDGE prp Crl.R.P.No.1948/2011 5