IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 Crl.MC.No. 3260 of 2009() ------------------------- CP.77/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER(S): ACCUSED 5 & 6 ---------------------------- 1. GOPALAKRISHNAN,S/O.LAKSHMANAN PILLAI, T.C.NO.26/1842,G.P.O.LANE,STATUE, VANCHIYOOR,THIRUVANANTHAPURAM. 2. LEELA,D/O.VANAJALAKSHMI, T.C.NO.11/2125-C25,KANAKA NAGAR,NANTHANCODE, KAVADIYAR,THIRUVANANTHAPURAM. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.A.ZOHRA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. ARAVINDAN,S/O.GANGADHARAN, SUVARNA,HOUSE NO.A5,SREERANGAM LANE, SASTHAMANGALAM. 2. THE SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION,THIRUVANANTHAPURAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE CB CID,THIRUVANANTHAPURAM. 4. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R2 TO R4 BY SRI.B.JAYASOORYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3260 OF 2009 ------------------------------------------ Dated 9th October 2009 O R D E R Petitioners are accused 5 and 6 in C.P.77/2003 on the file of Judicial First Class Magistrate-III, Thiruvananthapuram. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-III final report taken cognizance by the learned Magistrate as C.P.77/2003 and for a direction to the Magistrate to discharge the petitioners. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Annexure-III final report shows that prosecution case is that in furtherance of common intention all the accused committed offences under Sections 362, 342, 323, 324, 326, 307 and 120(B) read with Section 34 of Indian Penal Code. When offence under Section 307 is exclusively triable by the Sessions Judge, Magistrate can only commit the case to the Sessions court. Once case is committed to CRMC 3260/09 2 the Sessions court, learned Sessions Judge is bound to consider the materials, before framing charge and at that stage petitioners are entitled to plead for discharge under Section 227 of Code of Criminal Procedure. If such a request is made, Sessions Judge to consider the same and pass appropriate order in accordance with law. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.