IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 Crl.MC.No. 1065 of 2009() ----------------------------------- CRIME NO.45/09 OF ERATTUPETTA POLICE STATION ....................... PETITIONER(S): -------------------- BINS MON ABRAHAM, MALIAKKAL HOUSE, ARUVITHURA. P.O., ERATTUPETTA. BY ADV. MR.V.K.SUNIL MR.AJEY THOMAS RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ERNAKULAM. 2. ELIZEBATH @ MINI, W/O. BINS, MALIACKAL HOUSE, KONDOOR KARA, ERATTUPETTA. R1 BY PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1065 of 2009 ORDER ON CRL. MA. NO.1554/2009 IN CRL. MC. NO.1065/2009 DISMISSED 26/03/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1065 OF 2009 = = = = = = = = = = = = = = = Dated this the 26th day of March, 2009. O R D E R This petition is filed with a prayer to quash Annexure-II, FIR, i.e. Crime No.45/09 of the Erattupetta Police Station. The petitioner is facing an allegation u/s 195A of IPC. The averments is to the effect that the petitioner is the father of the son who had been threatened. A perusal would reveal that the alleged act complained of is that when the child had gone to the market at Erattupetta the petitioner had restrained him and threatened him that if his mother gives evidence against him she will be done away with and therefore he is liable to be prosecuted under that Section. It is submitted by the learned counsel for the petitioner that the ingredient in Section 195A is not attracted in this case for the reason that the threat must be to that person who is intending to depose against the person. A reading of S.195A would show that, Crl.M.C. 1065 OF 2009 -:2:- “S.195A. Threatening any person to give false evidence – Whoever threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause that person to give false evidence shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both; and if innocent person is convicted and sentenced in consequence of such false evidence, with death or imprisonment for more than seven years, the person who threatens shall be punished with the same punishment and sentence in the same manner and to the same extent such innocent person is punished and sentenced.” So from the definition itself the word used is with intention to cause that person who gives false evidence. That person should be the person who is to depose before the Court. So there must be a threat to that person. In this case admittedly this boy is not a witness as seen from the first information statement. It is only his mother who is the Crl.M.C. 1065 OF 2009 -:3:- witness. So as there is no threat against the son the ingredient of S.195A is not attracted and therefore prosecution will not lie. Therefore this Crl.M.C is allowed and all further proceedings in Crime No.45/09 of Erattupetta Police Station stands quashed. M.N. KRISHNAN, JUDGE. ul/-