IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 Crl.Rev.Pet.No. 277 of 2009() -------------------------------------- CC.180/2008 of JUDL.MAGISTRATE OF FIRST CLASS, MANANTHAVADY .................... REVN. PETITIONER: ACCUSED: ----------------------------- NISHAD.M.J., S/O.JOSEPH, AGED 28 YEARS, MAPPILAKUNNEL HOUSE, CHERUKATTOOR, MANANTHAVADY, WAYANAD DISTRICT. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENT(S): STATE/DEFACTO COMPLAINANT: ----------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.I.OF POLICE, MANANTHAVADY POLICE STATION. 2. NISHA.P.B., D/O.BALAKRISHNAN, AGED 28 YEARS, PADINJARE PARAMBIL, ANMANI, KATTIKULAM, MANANTHAVADY DISTRICT. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN SRI.GRASHIOUS KURIAKOSE FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ============= Crl.R.P. No.277 of 2009 -------------------------------------- Dated, this the 11th day of February, 2009 ORDER Heard both sides. 2. The petitioner who is the accused in C.C.No.180 of 2008 on the file of the Judicial First Class Magistrate-I, Mananthavady challenges the court charge framed by the Magistrate on 10.7.2008 for offences punishable under Sections 406 and 420 IPC. I refrain from making any observation on the merits of the case lest it might prejudice one party or the other. Suffice it to say that the court charge framed by the learned Magistrate does not give the minimum facts to attract the two offences. It does not answer the requirements of law. The court charge framed by the learned Magistrate on 10.7.2008 is accordingly set aside. The Magistrate shall proceed to hear the prosecution as well as the accused and pass orders according to law. It shall be open to the revision petitioner/accused to plead for a discharge, if the same can be sustained on the materials produced by the prosecution. This Crl. R.P. is disposed of as above. Dated this the 11th day of February, 2009. V. RAMKUMAR, (JUDGE) skr