SATHYAVRATHAN N N Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed under Section 482 of the Code of Criminal Procedure seeking to have the further proceedings in C.C. No.248 of 2008 quashed.

(2.) The petitioners are accused Nos.3 to 11 in C.C. No.248 of 2008 on the file of the Judicial Magistrate of the First Class, Koothuparamba. A complaint was filed by the defacto complainant, which was forwarded to police for investigation under Section 156 (3) of the Cr.P.C. The offences alleged against the petitioners are offences punishable under Sections 494 and 109 read with Section 34 of Indian Penal Code. The police on receipt of records registered Crime No. 73 of 2007 on 16.4.2007. After investigation the police filed final report in C.C.248 of 2008 before JFCM, Koothuparamba. Petitioners would point out that going by Section 198 Cr.P.C., the learned Magistrate should not have taken cognizance on a police report. Summons issued to the petitioners on the final report filed by the police after taking cognizance thereon is not sustainable in law.

(3.) Learned counsel appearing for the petitioners placed reliance on the decision reported in Madhu v. Sasindhra (2000 (2) KLT 112).