PUTHIYA PURAYLI SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C has been filed under Sec. 482 of the Criminal Procedure Code (Cr.P.C.) challenging Annexure A4 order passed by the Judicial First-Class Magistrate Court - II, Kannur (for short, 'the trial court'), adding the charge invoking Sec. 216 of Cr. P.C.

(2.) The petitioner is the sole accused in C.C. No.128/2010 pending on the files of the trial court. He faces indictment for the offence punishable under Sec. 498A of the Indian Penal Code (IPC). The 2nd respondent is the de facto complainant and the mother-in-law of the petitioner. The petitioner married the daughter of the 2nd respondent on 14/8/2005. After the marriage, they resided in the parental house of the petitioner. On 3/11/2005, the wife of the petitioner committed suicide by jumping into the well near the house where she was residing. The 2nd respondent filed Annexure A1 complaint against the petitioner, his brother and his friends before the trial court, alleging offences punishable under Ss. 498A and 306 of IPC. The trial court forwarded the complaint to the Police. The Police registered the FIR and conducted the investigation. After the investigation, the Police filed the final report before the trial court against the petitioner alone, alleging an offence under Sec. 498A of the IPC. The allegation in the final report is that the petitioner subjected the deceased to cruelty, both physically and mentally, and on account of the said cruelty, she committed suicide. The trial court received the final report on file and numbered the case as C.C. No.128/2010. The petitioner appeared before the trial court. The trial court framed charge under Sec. 498A of the IPC against the petitioner. He pleaded not guilty. On the side of the prosecution, PWs 1 to 11 were examined. Thereafter, the Assistant Public Prosecutor filed a petition as C.M.P. No.1175/2014 before the trial court under Sec. 216 of Cr.P.C. to add Sec. 306 of IPC as well. The trial court, after hearing both sides, found that the materials on record would show that Sec. 306 of IPC was also involved, and accordingly, the said Sec. was added, invoking power under Sec. 216 of Cr.P.C. as per Annexure A4 order. This Crl. M.C. has been filed challenging the said order.

(3.) I have heard Sri. M. Ramesh Chander, the learned counsel for the petitioner and Sri.Sangeetha Raj, the learned Public Prosecutor. Even though notice was issued to the 2nd respondent, there is no appearance.