Dismissed
Raichal Mathew v. State of Kerala
Kerala HCCrl.MC/1504/2008
Case brief
from the order text
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HIGH COURT OF KERALA AT ERNAKULAM PRESENT :…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT
THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930
Crl.MC.No. 1504 of 2008()
------------------------CC.1343/2000 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA
PETITIONER: COMPLAINANT
RAICHAL MATHEW, W/O.AJI B.NAIR AJI NIVAS, EDAYARANMULA MURI, EDAYAARANMULA P.O. ARANMULA VILLAGE, KOZHENCHERRY TALUK PATHANAMTHITTA.
BY ADV. SRI.V.SANTHARAM
SRI.ANTO THOMAS
SRI.LAKSHMEESH.S.KAMATH
RESPONDENTS: STATE AND ACCUSED
R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
Dated this the 22nd day of May, 2008
O R D E R
The petitioner is the defacto complainant in a prosecution for offences punishable, inter alia, under Sections 420 and 409 I.P.C. The proceedings were initiated on the basis of a private complaint filed by the petitioner before the learned Magistrate, which was referred to the police under section 156(3) Cr.P.C. Crime was registered. Investigation was conducted. Final report was filed by the police after such investigation. The learned Magistrate has taken cognizance of the offences alleged against the accused persons. It is submitted that the learned Magistrate directed that certain documents be forwarded to the Forensic Science Laboratory for comparison and expert opinion. The petitioner came to know of such steps taken by the learned Magistrate only later and when he came to know of such steps, the petitioner has raised his objections against the Magistrate accepting such report. The learned Magistrate is seized of the
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Crl.M.C.No. 1504 of 2008
matter and orders are expected to be passed on such objections raised by the petitioner.
(R. BASANT) Judge
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Crl.M.C.No. 1504 of 2008
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COMPLAINANT
STATE
THOMAS KOSHY
ANNE MATHEW
R. BASANT
As recorded by the court registry
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