IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 Crl.MC.No. 571 of 2011() ------------------------------------ CMP.1396/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT, MUVATTUPUZHA. F.I.R. NO.579 DATED 18/12/2010 OF KOOTHATTUKULAM POLICE STATION. .................... PETITIONER/ACCUSED IN C.M.P.NO.1396/2010 & F.I.R. NO.579/2010: --------------------------------------------------------------------------------------------------- KUNJAPPAN, S/O.MAILAN, AGED 63 YEARS, MULLAMMADACKAL HOUSE, ALAPURAM KARA, ELANJI VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, ELANJI. P.O, PIN- 686 665. BY ADV. SRI.M.P.CHOTHY RESPONDENTS/COMPLAINANT IM C.M.P.NO.1396/2010 & F.I.R.NO.579/2010: --------------------------------------------------------------------------------------------------------------- 1. JOY, S/O.POULOSE, AGED 36 YEARS, KIZHAKKE KAIPPATTIYIL HOUSE, ALAPURAM KARA, ELANJI VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, ELANJI. P.O., PIN- 686 665. 2. POULOSE , AGED 66 YEARS, KIZHAKKE KAIPPATTIYIL HOUSE, ALAPURAM KARA, ELANJI VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, ELANJI. P.O., PIN- 686 665. 3. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R3 BY PUBLIC PROSECUTOR MR.K.J. MOHEMMED ANZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.571 of 2011 ==================================== Dated this the 23rd day of February, 2011 O R D E R Petitioner is accused in Crime No.529 of 2010 of Koothattukulam police station. That case was registered on a complaint preferred by respondent No.1 before the learned Judicial First Class Magistrate, Muvattupuzha as C.M.P. No.1396 of 2010 alleging that on 25.10.2010 at about 5.00 p.m. petitioner assaulted the 82 year old father of respondent No.1. On the complaint of the latter, the local member of Panchayat advised and warned petitioner from doing such acts. While so, on 30.10.2010 at about 10.30 p.m. petitioner wrongfully restrained respondent No.1, used obscene words, assaulted him with hand and hit him with a stone. It is alleged that respondent No.1 was admitted in the Government Hospital, Koothattukulam from 31.10.2010 till 02.11.2010. Respondent No.1 was under the impression that the Medical Officer had intimated police about the incident but he learnt that no action was taken. Hence he preferred a complaint as aforesaid. 2. According to the petitioner he was assaulted by respondent No.1, was admitted in Community Health Centre, Piravom and underwent inpatient treatment as revealed from Annexure-II, for which police registered Crime No.502 of 2010 for CRL.M.C. No.571 of 2011 -: 2 :- offence punishable under Section 323 of the Indian Penal Code, Annexure-III being the FIR. Prayer in this petition is to quash proceeding against petitioner. Learned counsel vehemently argued that allegations in C.M.P. No. No.1396 of 2010 and the FIR in Crime No.579 of 2010 are false and intended only as a counter blast to the case against respondent No.1. According to learned counsel when petitioner was undergoing inpatient treatment in the Community Health Centre first respondent sent an emissary to him for settlement talk to which he was not amenable. 3. Time and again it is held that disputed questions of fact are not required to be settled by this Court in a proceeding under Section 482 of the Code of Criminal Procedure. Police has registered cases and started investigation. It is for the Investigating Officer to look into the matter and find whether the allegations made against petitioner are correct. At this stage no interference is possible as if all allegations against petitioner are false. Criminal Miscellaneous Case is dismissed. THOMAS P. JOSEPH, JUDGE. vsv