PRAKASH Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The proceedings from which this Crl.M.C. arises has its genesis in the case registered by the police under Section 174 Cr.P.C. on the death of the wife of the petitioner. In the course of the investigation it was revealed that the petitioner and his mother had subjected the deceased to cruelty and the investigation ended with the filing of a report by the Dy.S.P. concerned under Section 173(2) Cr.P.C. alleging commission of the offence under Section 498A IPC by the petitioner and his mother, who died subsequently. Learned Magistrate took cognizance of the offence and issued process to the petitioner, who faced trial. After the petitioner was examined under Section 313 Cr.P.C. the learned Magistrate passed Annexure-A7 order, the reasons for which are irrelevant. The relevant directions in the order are these:

(2.) Pursuant to the above direction further investigation was conducted and Annexure-A8 supplementary report was filed alleging commission of the offences under Sections 498A and 306 IPC by the petitioner. The learned Magistrate took the case on his file as CP No. 144 of 2014. The legality of Annexure-A7 order of the learned Magistrate and Annexure-A8 supplementary report of the police is challenged.

(3.) Two questions arise for consideration: