SIJU @ THOPPIKILY Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is a de facto complainant in Crime No.719/2011 of Angamaly Police Station for issuing direction to the second respondent under Article 227 of the Constitution of India.

(2.) IT is alleged in the petition that petitioner is the de facto complainant in C.C No.451/2012 on the file of Judicial First Class Magistrate Court - II, Aluva. According to the petitioner, he was attempted to be murdered by a group of persons and he sustained severe injuries and he was admitted in MACJ Hospital, Mookanoor and thereafter shifted to Specialists Hospital, Ernakulam. While he was in hospital, on the basis of the statement given by him, Angamaly police had registered Ext.P2 First Information Report as Crime No.719/2011 of Angamaly Police Station against the fifth respondent and three identifiable persons alleging offences under Sections 324 and 326 r/w Section 34 of Indian Penal Code and after investigation Ext.P3 final report against respondents 2 to 9 alleging offences under Sections 324, 326, 427, 120(B) r/w Section 34 of Indian Penal Code alone. According to petitioner, offence under Section 307 of Indian Penal Code was also committed by the respondents but due to the influence of the accused persons, that offence was not incorporated. The learned Magistrate on the basis of Ext.P3 had taken cognizance of the case as C.C No.451/2012. This fact was brought to the notice of the petitioner only when he received summons in that case. So he has no other remedy except to approach this court seeking the following relief:

(3.) CONSIDERING the nature of relief claimed and also allegations made in the petition as well as in the statement filed by the second respondent, this court felt that this can be disposed of at the admission stage itself after hearing the counsel for the petitioner and learned Public Prosecutor, dispensing notice to respondents 2 to 9.