PRAKASAN VIJAYA NIVAS Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Revision filed under Sections 397 and 401, Cr. P.C. the revision petitioner who is the complainant in C.M.P. No. 9229 of 2005, a private complaint filed before the J.F.C.M.-I. Attingal for offences punishable under Sections 143, 147, 447, 427, IPC and Sections 3 and 5 of the Explosive Substances Act, 1908 read with Section 149, IPC challenges Annexure-C order passed by the Magistrate taking cognizance only of the offences under the Indian Penal Code.

(2.) I heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

(3.) Annexure-A is the private complaint filed by the revision petitioner before the Court below. Apart from the fact that it contains averments with regard to the offences under the Indian Penal Code, it also contains specific allegations with regard to the offences under Sections 3 and 5 of the Explosive Substances Act, 1908 by stating that his house was attacked with country bombs etc. causing extensive damage to the building including cracks on the wall. The sworn statements of the complainant as well as his witnesses also contain specific reference to the exploding of country bombs resulting in damage to the building etc. But the impugned order reads as follows :-