Petitioners are accused 1 to 6 in Crime No.657 of 1996 of Fort Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324 and 326 read with Section 149 of the Indian Penal Code (for short,”the IPC”). Learned Chief Judicial Magistrate, Thiruvananthapuram took the case on file as C.C.No.91 of 1997. While that case was pending before learned Chief Judicial Magistrate the defacto complainant (CW2) filed Crl.M.P.No.8575 of 1999 to examine CW11, the Medical Officer who is said to have performed surgery on the injured for (alleged) removal of kidney obviously to show that offence punishable under Sec.307 of the IPC is made out. Learned Chief Judicial Magistrate dismissed that application observing that since charge is framed for offences other than under Sec.307 of the IPC, examination of CW11 at that stage was not required. Thereafter learned Chief Judicial Magistrate made over the case to the court of learned Judicial First Class Magistrate-V, Thiruvananthapuram where it was renumbered as C.C.No.368 of 2002. CW3 in the Police case who is the husband of the second respondent filed a private complaint as C.M.P.No.1 of 1998 before learned Judicial First Class magistrateII, Thiruvananthapuram for offences punishable under Secs. 323, 324, 326 and 307 read with Sec.34 of the IPC. Learned Magistrate took cognizance only for
