IN THE HIGH COURT OF KERALA AT ERNAKULAM
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,
AGED 27 YEARS,
S/O. VARGHESE, KOLLAMPARAMBIL HOUSE, ALAMBIL,
KANGARAPPADI, THRIKKAKARA NORTH VILLAGE,
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 –
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:
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
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.
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.