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Gladin Varghese vs State Of Kerala on 17 October, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

WEDNESDAY,THE 17TH DAY OF OCTOBER 2018 / 25TH ASWINA, 1940

Crl.Rev.Pet.No. 1042 of 2018

AGAINST THE ORDER/JUDGMENT IN CC 518/2017 of J.M.F.C. – IX,
ERNAKULAM (TEMPORARY)

REVISION PETITIONER/S:

GLADIN VARGHESE,
AGED 27 YEARS,
S/O. VARGHESE, KOLLAMPARAMBIL HOUSE, ALAMBIL,
KANGARAPPADI, THRIKKAKARA NORTH VILLAGE,
ERNAKULAM DISTRICT.

BY ADVS.
KRISHNAKUMAR R.
A.P. JUBIRAJ

RESPONDENT/S:
STATE OF KERALA,
REP. BY SUB INSPECTOR OF POLICE PALARIVATTOM POLICE
STATION, (RIME NO.1961/2016), PALARIVATTOM, REP. BY
PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM –
680031

OTHER PRESENT:
SR.PUBLIC PROSECUTOR SRI.C.S.HRITHWIK

THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON
17.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.R.P.No.1042/2018 2

O R D E R

Petitioner is the accused in C.C.No.518 of 2017 on

the files of Judicial First Class Magistrate-IX,

Ernakulam. In final report he is shown to have committed

the offences punishable under Sections 406 and 427 IPC.

He filed an application for discharge under Section 239

Cr.P.C. By the impugned order the learned Magistrate

allowed his application so far as the offence under

Section 406 IPC is concerned. The learned Magistrate has

found that a charge is to be framed against him for the

offence under Section 427 IPC. This is sought to be set

aside.

2. Heard the learned counsel for the petitioner and

the learned Public Prosecutor.

3. I have perused the final report in the case.

There is no allegation that the petitioner has committed

the offence under Section 427 IPC. It is not known how

this Section happened to be shown in the final report.

Unfortunately, learned Magistrate did not notice it. The

finding of the learned Magistrate that the petitioner is

liable to be proceeded against for the offences under

Section 427 IPC is liable to be set aside.
Crl.R.P.No.1042/2018 3

In the result, this Crl.R.P.is allowed. Finding of

the learned Magistrate that the petitioner is liable to

be proceeded against for the offences under Section 427

IPC is set aside. He is discharged of that offence also.

Sd/-

K.ABRAHAM MATHEW
DG JUDGE

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