K RAVEENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Does the procedure adopted in the filing and disposal of Leave applications and in the admission of appeals after securing leave, deserve rationalisation Is there unnecessary wastage of judicial time and needless repetition of non-productive work in such procedure followed These questions arise for consideration incidentally in this case.

(2.) This petition is filed by the petitioner for leave under Section 378(4), Cr.P.C. The petitioner had filed a private complaint against the respondents/accused 1 and 2. In the said private complaint, the petitioner had alleged that the accused had committed offences punishable under Sections 341 and 323 r/w 34 I.P.C. Accused 1 and 2 are the elder brother and sister-in-law respectively of the petitioner/complainant. Before the court below, the complainant examined himself as PW1, his wife as PW2 and an alleged independent witness as PW3. Exts.Dl to D4 were marked.

(3.) The crux of the allegations is that on account of prior animosity, the accused persons attacked PW1 on 25.10.04. He was beaten and when he fell down, he was allegedly kicked. PW1 was allegedly strangulated. It is on these factual allegations that the complaint raising allegations of offences under Sections 341 and 323 r/w 34, I.P.C was filed. Cognizance was taken. Accused appeared before the learned Magistrate.