IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 Crl.MC.No. 966 of 2011() --------------------------------- CC.33/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... PETITIONER(S): IST ACCUSED -------------------------------------------- P.PUSHPARAJAN @ KUTTAN, S/O.PRABHAKARAN, CHITTUR, PUTHENVELIKKAKATHU, THAMPAKACHUVADU, NORTH ARYADU P.O., ALAPPUZHA. BY ADV. SRI.A.D.SHAJAN RESPONDENT(S): COMPLAINANT/STATE ---------------------------------------------------------- 1. K.K.RAVEENDRAN @ RAVI, S/O.N.RAMAKRISHNACHARI, NANDU BHAVAN, NETHAJI, THAMPAKACHUVADU, NORTH ARYADU P.O., ALAPPUZHA-688 542. 2. SELVI, W/O.K.K.RAVEENDRAN @ RAVI, S/O.N.RAMAKRISHNACHARI, NANDU BHAVAN, NETHAJI, THAMPAKACHUVADU, NORTH ARYADU P.O., ALAPPUZHA-688 542. 3. S.I. OF POLICE, ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA-688 001. 4. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31. R3 & R4 BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.966 of 2011 --------------------------------------- Dated this 31st day of March, 2011 ORDER Petitioner is the first accused in Crime No.379 of 2009 of Alappuzha Police Station and C.C.No.33 of 2010 of the Court of learned Chief Judicial Magistrate, Alappuzha for offences punishable under Secs.294(b), 323, 341 and 427 of the Indian Penal Code (for short, "the IPC”). Case was registered on Annexure-IV, complaint preferred by the first respondent alleging that on 31.05.2009 at about 8.45p.m petitioner and they formed unlawful assembly, committed rioting with deadly weapons caused hurt to him, used obscene words and committed mischief and theft of 18gms of gold belonging to the first respondent. Police on the strength of that complaint registered Annexure-I, FIR against petitioners and others for offences referred to in Annexure-IV, complaint. Police after investigation submitted final report only against petitioner/accused for offences under Secs.294(b), 323, 341 and 427 of the IPC. as above stated. In the final report allegation is that on 31.05.2009 at about 8.45p.m petitioner wrongfully restrained first respondent, voluntarily caused hurt to him and caused loss of 18gms of gold kept by the Crl.M.C.No.966 of 2011 -: 2 :- first respondent and while the first respondent and his wife were searching for the gold at the scene of occurrence petitioner used obscene words at them and assaulted the wife of first respondent. Learned counsel for petitioner seeks to quash proceeding against him on the ground that allegation against him are false and on the strength of counter case against first respondent. Learned counsel submits that Annexure-VI, FIR has been registered against the first respondent in Crime No.314 of 2009 on 01.06.2009 for offences under Secs.447 and 324 of the Indian Penal Code. Learned counsel submits that the attempt of first respondent is to construct a toilet without license. 2. It is true that in Annexure-IV, complaint filed on 15.06.2009 allegation is against petitioner and a few others. But it would appear that when questioned in the course of investigation first respondent said that other accused though present at the scene of occurrence did not cause any hurt to him and that he involved them also in the alleged incident to give more strength to his case. 3. It is true that Annexure-VI, complaint was preferred only on 15.06.2009. It is seen from Annexure-VII, copy of wound certificate that first respondent was examined by the Medical Officer at Medical College Hospital, Alappuzha on 31.05.2009 (date of the alleged incident) at about 11p.m, he came with Crl.M.C.No.966 of 2011 -: 3 :- history of assault by identifiable persons and that on examination it was found that he had some minor injuries. Hence the mere fact that Annexure-IV, complaint was preferred only on 15.06.2009 cannot by itself be a reason to quash proceeding against him. Question whether allegations against petitioner in the final report are correct or not is a matter to be decided in the course of trial. Request to quash proceeding merely on the strength of the case registered against first respondent as Crime No.314 of 2009 or on account of the contradictions pointed out from the FIR and final report cannot be allowed. This criminal miscellaneous case is dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/-