Disposed

Manomohan Alias Manikutty v. State of Kerala

Kerala HC14 Sept 2007Crl.MC/2889/2007

Case brief

AI extract

What is this about?

The Kerala High Court addressed a petition to quash a final report seeking deletion of Section 306 IPC. The Court held that after cognizance, the Magistrate cannot revert to pre-cognizance stages. The petitioner may raise the plea of non-liability before the Sessions Court during preliminary hearing under Section 227 Cr.P.C. The matter was disposed of with this right reserved. National High Court

What did the court decide?

The Criminal Miscellaneous Petition was disposed of reserving the petitioner's right to raise the plea of non-liability before the Sessions Court.

Manomohan Alias Manikutty Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR

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FRIDAY, THE 14TH SEPTEMBER 2007 / 23RD BHADRA 1929

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Crl.MC.No. 2889 of 2007()

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------------------------AGAINST THE ORDER DATED 01/09/2007 IN CMP 3739/2007 IN CP.27/2007 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM

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PETITIONER: 7TH ACCUSED

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MANUMOHAN ALIAS MANIKUTTY, S/O. MOHANAN,VALIAPRARAMBIL HOUSE, NEAR VISHNUPURAM TEMPLE, NEENDOOR, ONAMTHURUTHU, KOTTAYAM DIST.

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BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR

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RESPONDENTS:

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STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI. BREEZE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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*** * * * * * * * * * * * * * * * * * Crl.M.C.NO. 2889 of 2007**

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*** * * * * * * * * * * * * * * * * * Dated: 14-09-2007**

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ORDER

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Petitioner who is the 7^th accused in Crime No. 280 of 2006 of Kaduthuruthy Police Station for offences punishable under Sections 148, 341, 506(i) and 306 read with Sec. 149 I.P.C. seeks to quash Annexure -II final report so far as it relates to the offence punishable under Sec.306 I.P.C. which is the only sessions offence in the case. He filed C.M.P. 3739/07 before the committal court to delete Sec. 306 I.P.C. and to drop the committal proceedings. That petition was dismissed as per Annexure IV order dated 1-9-2007. Hence this petitioner under Sec. 482 Cr.P.C.

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The Magistrate having taken cognizance of the offences including the one punishable under Sec. 306 I.P.C. cannot go back to the pre-cognizance stage and convert the C.P. proceedings to calendar proceedings. The magistrate was therefore, fully justified in dismissing the application. If according to the revision petitioner, the offence under Sec. 306 I.P.C. is not made out against him it is open to him to raise the said contention during the preliminary hearing under Sec. 227 Cr.P.c. before the Sessions Court to which the case will be

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Crl.M.C. 2889 of 2007

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-:2:-

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made over for trial and in that event that court can consider the plea and if that court finds that Sec. 306 I.P.C. is not made out against the petitioner, it can proceed under Section 228 (1)(a) Cr.P.C. and transfer the case either to the Chief Judl. Magistrate or to the concerned J.f.C.M. for trial. Reserving this right of the petitioner, this M.C. is disposed of.

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V. RAMKUMAR, (JUDGE)

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ani.

Manomohan Alias Manikutty v. State of Kerala

Case brief

What is this about?

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Manomohan Alias Manikutty v. State of Kerala

Case brief

What is this about?

What did the court decide?

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