JAYADEVI, D/O. DEVAKI versus THE STATE OF KERALA

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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JAYADEVI, D/O. DEVAKI v. THE STATE OF KERALA - Crl Rev Pet No. 3157 of 2007 [2007] RD-KL 16500 (24 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 3157 of 2007()

1. JAYADEVI, D/O. DEVAKI,
... Petitioner

Vs

1. THE STATE OF KERALA,
... Respondent

For Petitioner :SRI.SUMAN CHAKRAVARTHY

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :24/08/2007

O R D E R

V. RAMKUMAR, J.

```````````````````````````````````````````````````` Crl. R.P. No. 3157 OF 2007 ````````````````````````````````````````````````````

Dated this the 24th day of August, 2007

O R D E R

The revision petitioner is the defacto complainant in Crime No.258/06 of Neyyardam Police Station for offences punishable under sections 447 and 436 IPC. He challenges the order dated 13.2.07 passed by the JFCM, Kattakkada in CP.No.7/07.

2. Eventhough the 2nd respondent/accused was duly served, he has not chosen to enter appearance.

3. After investigation in the above crime, the police filed a charge sheet against the 2nd respondent herein for the aforesaid offences. The JFCM, Kattakkada took cognizance of the aforesaid offences and registered the case as C.P.No.7/2007 on 1.2.2007. Thereafter, on 13.2.07 the Magistrate took the view that section 436 IPC is not made out and converted the C.P. case into a C.C. case and re-registered the case as C.C.No.126/07. It is the said order which is assailed by the defacto complainant.

4. The procedure adopted by the learned Magistrate is a strange one. After taking cognizance of the offences one of which  Crl.R.P.No.3157/07 is sessions offence and after registering the case as CP.7/07 the Magistrate could not have made a somersault by deleting the offence under section 436 IPC and converting the committal proceedings into C.C.No.126/07. That at best, could have been done by the court of sessions under section 228 Cr.P.C. after the preliminary hearing under section 227 Cr.P.C. The order passed by the Magistrate deleting section 436 IPC and re-registering the case as C.C.126/07 is set aside and the Magistrate is directed to proceed with CP.7/07 in accordance with law. This revision is disposed of as above.

(V. RAMKUMAR, JUDGE)

aks 

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