IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. G. Ajithkumar, J
DR.PRABHU MATHEW – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT
The above original petition is filed with following prayers :
(i) Issue a direction to the court below to alter Ext.P4 charge including offence under Section 341 IPC .
(ii) To issue any other order or direction this Hon'ble Court deem fit in the nature and circumstances of the case, “[sic]
2. The petitioner is the defacto complainant in CC No. 259/2017 on the files of the Judicial First Class Magistrate Court-I, Haripad. According to the petitioner, as per the prosecution case, the offences under secs. 294(b), 506(1), 341 and 392 of the IPC are made out. But, the police in its final report included only the offences under Secs.506(1) and 294(b) . Therefore, the petitioner filed Crl.M.C. No. 8337/2018 requesting for further investigation. This Court as per Ext.P3 judgment directed the court below to frame charge taking into consideration the statement of the witnesses. The present grievance of the petitioner is that, while framing charge, Sec.341 is not included. Ext.P4 is the court charge. Therefore, this original petition is filed stating that Sec. 341 is not added in the Court Charge framed by the Court on 05.07.2019.
3. Heard the learned counsel for the petitioner
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