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Omana vs State Of Kerala

High Court Of Kerala|19 November, 2014
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JUDGMENT / ORDER

The grievance of the petitioner, who is the defacto complainant in CC No. 112 of 2004 of the Additional Chief Judicial Magistrate's Court, Thiruvananthapuram, is that the photograph as well as the wound certificate, which were handed over by her to the investigating officer, were not produced by the investigating officer along with the final report. 2. On hearing the learned counsel for the petitioner, this Court feels that there is genuine grievance on the part of the petitioner. At the same time, this is not a fit case wherein Section 173(8) Cr.P.C can be invoked at this stage. The incident had occurred in the year 2003 and the final report was filed on 23.11.2003.
3. In these circumstances, this Court is of the view that this Crl.M.C can be disposed of by permitting the -2-
Crl.M.C. No. 5872 of 2014 petitioner to approach the Court below under Section 301 (2) or 302(2) Cr.P.C and to produce those evidences before the Court below.
With the said observation, this Crl.M.C is disposed of.
sd/-
B. KEMAL PASHA JUDGE das
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Title

Omana vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
19 November, 2014
Judges
  • B Kemal Pasha
Advocates
  • Sri Blaze K Jose
  • Sri Rahul Sasi
  • Sri Anil Vijayan
  • Smt Neethu Prem
  • Sri Sajin Joseph