SUNEER K.H. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed by the petitioner who is the accused in CC. 1099/2011 on the file of the Judicial First Class Magistrate Court - II, Kochi, challenging the order of the Court below, posting the case for framing charge without complying with the formalities under S.482 of Code of Criminal procedure.

(2.) It is alleged in the petition that petitioner has been arrayed as accused in CC. 1099/2011 on the file of the Judicial First Class Magistrate Court - II, Kochi, which was initiated on the basis of a private complaint filed by the second respondent alleging offences under S.420, S.406 of Indian Penal Code. Originally the complaint was filed, which was forwarded to the police for investigation and after investigation, final report was filed stating that further action dropped. Thereafter, petitioner filed a protest complaint as Crl. M. P. 2997/2011 and after taking sworn statements of the complainant and one witness, the learned Magistrate decided to proceed with the private complaint rejecting the refer report submitted by the investigating officer and issued notice to the accused. The accused appeared before the Court below and they were released on bail. Though it was posted for pre charge evidence, complainant nor his witness were present. But the learned Magistrate without conducting an enquiry under S.244 of the Code, mechanically framed charge against the petitioner and it was read over and he pleaded not guilty. That proceeding of the lower Court is challenged by the petitioner by filing this petition.

(3.) Considering the question involved, this Court felt that it can be admitted and respondents appeared through Public Prosecutor.