The court emphasized the necessity for the Magistrate to proceed with a protest complaint, ensuring adherence to legal procedures before deciding on clubbing cases.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 18^TH DAY OF JULY 2025 / 27TH ASHADHA, 1947 CRL.REV.PET NO.1078 OF 2024 CRIME NO.444/2022 OF Nedupuzha Police Station, Thrissur AGAINST THE ORDER/JUDGMENT DATED 26.07.2024 IN CMP No.9839/2022 IN CC NO.2849 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, THRISSUR ---------------

REVISION PETITIONER/PETITIONER/DE FACTO COMPLAINANT :-

DR. HEMJITH, AGED 53 YEARS S/O. VASUDEVAN, KOLLARA HOUSE, THRIPPAKULAM ROAD, FATHIMA NAGAR, EAST FORT P.O., THRISSUR., PIN – 695 023.

BY ADVS.

SRUTHY N. BHAT SRI.P.M.RAFIQ SRI.M.REVIKRISHNAN SRI.AJEESH K.SASI RESPONDEN T S/RESPONDENTS/STATE & ACCUSED : -

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031.

2 DR. K.C. PARILAL, AGED 58 YEARS S/O. CHATHUNNI, MISSION QUARTERS, CHEMBOOKKAVU VILLAGE, EAST FORT P.O., THRISSUR, PIN – 695 023.

3 HARISANKAR PARILAL, AGED 28 YEARS S/O. DR. K.C. PARI LAL, KOLLARA HOUSE, MISSION QUARTERS, CHEMBOOKKAVU VILLAGE, EAST FORT P.O., THRISSUR, PIN -695 023. 4 DR. K.C. PRAKASAN, AGED 79 YEARS S/O. CHATHUNNI, KOLLARA HOUSE, MISSION QUARTERS, CHEMBOOKKAVU VILLAGE, EAST FORT P.O., THRISSUR., PIN – 695 023.

5 AISWARIYA AVINASU, AGED 46 YEARS W/O. DR. AVINASU HARIDAS, KRISHNA, ALAPPUZHA CHERTHALA NH66, CHERTHALA, PIN – 688 524.

6 SIDHARTH, AGED 40 YEARS S/O. VIJARAGHAVAN, KOLLARA HOUSE, KOKKALA DESOM, VELIYANNUR, THRISSUR., PIN – 680 001.

7 MEGHA JYOTHISH MOHAN, AGED 40 YEARS W/O. JYOTHISH MOHAN, VELLAMPARAMBIL HOUSE, POOJAR, THEKKEAKKARA, PERIKULAM, KOTTAYAM., PIN – 679 554.

BY ADVS.

SRI.S.SREEKUMAR (SR.)

SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA SRI.R.GITHESH SHRI.AJAY BEN JOSE SRI.MANJUNATH MENON SHRI.SACHIN JACOB AMBAT SMT.ANNA LINDA EDEN SHRI.HARIKRISHNAN S.

SR PP SMT SEETHA S THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON

18.07.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J --------------------------------

Crl.Rev.Pet No.1078 of 2024 --------------------------------------------------

Dated this the 18^th day of July, 2025

O R D E R

This revision is filed against the order dated 26.07.2024 in CMP No.9839/2022 in CC 2849/2023 of the Judicial First Class Magistrate Court-II, Thrissur. The revision petitioner is the defacto complainant in Crime No.444/2022 of Nedupuzha Police Station. The police filed a refer report in the above crime. Thereafter, the petitioner filed a protest complaint. In the meanwhile, a further investigation was ordered in Crime No.444/2022 of Nedupuzha Police Station. After further investigation, a final report was filed against two accused. The offences alleged in the final report are under Sections 341, 323 and 324 IPC. The grievance of the petitioner is that the offence under Section 307 IPC was not included by the Investigating OfÏcer and all the accused mentioned in the complaint are not arrayed as accused in the final report. The petitioner proceeded with a protest complaint. The learned Magistrate as per the impugned order dismissed the same. Aggrieved by the same, this revision is filed.

2. Heard the learned counsel for the petitioner and the learned Senior Counsel Adv. S. Sreekumar who is instructed to appear for the 2^nd respondent.

3. This Court perused the impugned order. I am of the considered opinion that the learned Magistrate ought to have proceeded with the complaint and pass appropriate orders in accordance with law. At this stage, the learned Magistrate need not consider the question whether the clubbing of the cases under Section 210 Cr.P.C . can be done or not. The learned Magistrate has to proceed in accordance with law after recording the sworn statement of the petitioner and other witnesses, if any. The question of clubbing