SHERIN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are accused Nos. 1 to 7 in CC No. 580/2013 of Judicial First Class Magistrate Court, Kayamkulam. The offence alleged against them is under Section 494 r/w 34 of IPC. A complaint was filed before the Magistrate as CMP No. 6409/2012 alleging commission of offence by the accused under Section 494 read with Section 34 IPC. That complaint was forwarded to the Police for investigation under Section 156(3) of Cr.P.C. without taking note of the bar under Section 198 of Cr.P.C..

(2.) After investigation, Police filed final report under Section 173(2) of Cr.P.C., alleging that the petitioners committed the offence under Section 494 r/w 34 of IPC. The learned Magistrate without applying his mind, took cognizance of the offence under Section 494 r/w 34 of IPC.

(3.) Section 494 of IPC falls in Chapter XX of IPC. Section 198 of Cr.P.C. makes it clear that no Court shall take cognizance of an offence punishable under Chapter XX of IPC except upon a complaint made by some person aggrieved by the offence. But without application of mind and without taking note of the specific bar under Section 198 of Cr.P.C., the learned Magistrate took cognizance of the offence based on the report filed by the police under Section 173(2) of Cr.P.C. It is clearly illegal. Hence, it is liable to be set aside.