Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945 CRL.MC NO. 3686 OF 2023 CRIME NO.101/2023 OF KANNUR TOWN POLICE STATION PETITIONERS/ACCUSED NOS.1 AND 2 : 1 JAMSHEED.K.P AGED 34 YEARS S/O. ABDUL JALEEL, RESIDING AT SHAFEENAS, 2 ANSIL.M.P AGED 23 YEARS S/O. LATE AZEEZ, FIRDOUZ MANZIL, BY ADVS. K.ABOOBACKER SIDHEEQUE R.MAHESH VARMA RESPONDENTS/STATE & DEFACTO COMPLAINANT : 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT., PIN - 682031 2 MUHAMMED SHAS AGED 29 YEARS S/O. MUHAMMED SHAKEER, SENSI VILLA, NEAR THAZHETHERU LP SCHOOL, CIVIL STATION P.O, KANNUR DISTRICT., PIN - 670002 SRI. ASHI,SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
The petitioners herein are the accused Nos.1 and 2 in Crime No.101 of 2023 of the Kannur Town Police station. The aforesaid crime has been registered inter alia for the offences punishable under Sections 341, 323, 324 and 326 read with Section 34 of the IPC.
2. Sri. Aboobacker Sidheeque, the learned counsel appearing for the
petitioners, submitted that when the crime was originally registered, the offences alleged were under Sections 341, 323 and 324, read with Section 34 of the IPC. It was thereafter that a report was submitted incorporating Section 326 of the IPC. The learned counsel would point out by referring to the First Information Statement that the only allegation is that the 1st accused had fisted the informant on his face, and the 2nd accused had attacked him with a pipe on his back. Under no circumstances the offence under Section 326 of the IPC is made out, contends the learned counsel.
3. In response, the learned Public Prosecutor submitted that it was
based on the report of the Doctor concerned that a subsequent report was submitted before the learned Magistrate incorporating Section 326 of the IPC. It is further submitted that investigation has only commenced, and if it is found on investigation that the offence under Section 326 of the IPC is not made out, an appropriate report shall be placed before the Court. Having considered the facts and circumstances and the stage of the investigation, I am of the view that no case is made out for intervention at this stage. This petition is dismissed. Sd/- RAJA VIJAYARAGHAVAN V, JUDGE NS APPENDIX OF CRL.MC 3686/2023 PETITIONER ANNEXURES : Annexure-A1 A TRUE COPY OF THE F.I.R DATED 15.01.2023 IN CRIME NO.101/2023 OF KANNUR TOWN POLICE STATION, KANNUR DISTRICT.