AKBAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision pe-titioner is the de facto complainant in C.C. No.201/2006 on the file of the Chief Judi-cial Magistrate Court, Kollam. Respondents 2 to 11 are being prosecuted by the first re-spondent for offence under Section 120B IPC and other provisions. The evidence on the side of the prosecution was closed. The re-spondents 2 to 11 were questioned under Section 313 of the Code of Criminal Proce-dure and thereafter the prosecution and the accused were being heard. Amidst the hear-ing, the Deputy Director of Prosecution, Kollam, who is conducting the prosecution filed a petition as CM P No. 9443 of 2009 seeking an order to alter charge. In the affi-davit accompanying the petition it was stated that during the course of hearing it was argued that the charge was not specific and it had prejudiced the accused and the charge framed is not in accordance with the final report submitted by the police and that the beginning and end of the commission of offence under Section 120B IPC is not speci-fied and that it was wrongly mentioned that conspiracy was alleged subsequent to the unlawful assembly and that the involve-ment of the 11th accused was not specifi-cally mentioned in the charge and such omission may even entitle the respondents 2 to 11 for acquittal and could not be cured in appeal.

(2.) After hearing the accused and the pros-ecution, the learned Magistrate by the or-der impugned dated 8.10.2009 dismissed the petition. Para 2 of the order impugned reads as follows:

(3.) Assailing the legality, correctness and the propriety of the above order, this Revi-sion Petition was filed by the de facto com-plainant.