2017 OF THE JUDICIAL FIRST CLASS MAGISTRATECOURT-I, NORTH PARAVUR ANNEXURE-A3 THE PHOTOCOPY OF THE ORDER DATED 30.5.2017 IN CMP NO.537 OF 2017 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NORTH PARAVUR ANNEXURE-A4 THE PHOTOCOPY OF THE ORDER DATED 18.07.2017 IN CMP NO.1755 OF 2017 OF THE JUDICIAL FIRST CLASS MAGISTRATECOURT-I, NORTH PARAVUR ANNEXURE-A5 THE PHOTOCOPY OF THE SWORN STATEMENT DATED 31.03.2014 TENDERED BY THE MINOR DAUGHTER OF CW1 AND THE FIRST ACCUSED HEREIN 9HIS WIFE) BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.II, MAVELIKKARA RESPONDENT'S ANNEXURES: NIL //TRUE COPY// A.HARIPRASAD, J.
-------------------------------------- Crl.R.P. No.1180 of 2017
-------------------------------------- Dated this the 31st day of October, 2017 ORDER Revision petitioner is the 2nd accused in C.C.No.670 of 2015 on the file of the Judicial First Class Magistrate Court-I, North Paravur. Allegation against the petitioner is that he has committed an offence punishable under Section 497 of the Indian Penal Code (in short, "IPC"). It is alleged in the final report (Annexure-A1) that the defacto complainant is the husband of 1st accused and during subsistence of their marriage, 1st accused and the petitioner were leading an adulterous life inviting wrath of Section 497 IPC.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. Learned counsel for the petitioner submitted that the court below has committed a grave error in taking cognizance on Annexure-A1 final report against the prescriptions under Section 198 of the Code of Criminal Procedure, 1973 (in short, "Cr.P.C.").
4. Section 198 Cr.P.C. clearly says that no court shall take cognizance of an offence punishable under Chapter XX IPC except upon a complaint made by some person aggrieved by the offence. True, the Crl.RP No.1180 of 2017 2 defacto complainant is an aggrieved person, but his complaint to police culminating in a final report is not the one what is legally contemplated under Section 198 Cr.P.C. Similarly, taking cognizance on a final report by the court below is also an illegal act. Therefore, all proceedings in C.C.No.670 of 2015 on the file of the Judicial First Class Magistrate Court- I, North Paravur are hereby quashed. Revision petition is allowed. All pending interlocutory applications will stand closed. A. HARIPRASAD, JUDGE.