IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Crl.MC.No. 3621 of 2011(Y) -------------------------------------- CC.542/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL .................... PETITIONERS/ ACCUSED: ------------------------------------ 1. SANGEETH, S/O.SATHEESH KUMAR,KAUSTHUBHAM (H), SREEKARIAM,THIRUVANANTHAPURAM,WORKING AT GULF PIPING COMPANY WLL,POST BOX 2739,MUSAFFAH, ABU-DHABI,REP. BY HIS FATHER P/A,SATHEESH KUMAR, S/O.SIVARAMAN,AGED 67,T.C.43/1520,'MANITHALI', K.B.A.C LANE,VALLAKKADAVU P.O.,THIRUVANANTHAPURAM. 2. SATHEESH KUMAR,S/O.SIVARAMAN, AGED 67 YEARS,T.C.43/1520,'MANITHALI', K.B.A.C.LANE, VALLAKKADAVU P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.A.ZOHRA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENTS/STATE & COMPLAINANT ----------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. SUB INSPECTOR OF POLICE, KAZHAKKOOTTAM POLICE STATION, KAZHAKKOOTTAM, THIRUVANANTHAPURAM-695 582. 3. VIJAYAMMA, D/O.LAKSHMI, THAZHEKUNNATHU HOUSE, GANDHIPURAM, SREEKARYAM, THIRUVANANTHAPURAM-695 582. R1 & R2 BY ADV.SRI.NOUSHAD THOTTATHIL R3 BY ADVS. SRI.K.G.ANIL BABU SRI.R.RAJESH(PULLIKADA) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DG Crl.MC.No. 3621 of 2011(Y) APPENDIX PETITIONER'S EXHIBITS: ANNEXURE-I. COPY OF THE F.I.R.NO.301/2010 DATED 2.5.2010 OF KAZHAKKOOTTAM POLICE STATION. ANNEXURE-II. TRUE COPY OF THE POWER OF ATTORNEY DATED 14.6.2011. ANNEXURE-III. CERTIFIED COPY OF THE FINAL REPORT/CHARGE SHEET. RESPONDENTS' EXHIBITS - NIL /TRUE COPY/ P.A.TO JUDGE DG N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3621 of 2011 ----------------------------------- Dated this the 20th day of December 2011 O R D E R Petitioner is the accused in C.C.No.542/2010 of J.F.C.M.-II, Attingal. This petition is actually filed by the Power of Attorney Holder and not by the petitioner himself. The offences alleged against the accused are under Secs.294(b) and 506(i) r/w 34 IPC. It is submitted by the learned counsel that the Power of Attorney Holder is the 2nd respondent in that case. This petition is filed to quash the final report (Annexure III) filed by the Investigating Officer. 2. The de facto complainant who is the 3rd respondent herein opposes the petition stating that after conducting the investigation materials were collected by the investigating officer to lay charge against the accused. Learned counsel for the 3rd respondent would submit that Crl.M.C. No.3621 of 2011 -: 2 :- this Court, exercising power under Sec.482 Cr.P.C. cannot quash the final report filed by the police since there are materials to proceed against the accused. Learned counsel for the petitioners submits that the place where from obscene words were alleged to have used is not in or near the public place. That is a question of fact which is actually to be decided by the trial court. Learned counsel submits that the complainant was in her compound and the accused was/were in their compound and it cannot be said that it is a public place. These are grounds which the petitioners can raise before the trial court. This Crl.M.C. is disposed of giving liberty to the petitioner to raise all grounds before the trial court. N.K.BALAKRISHNAN, JUDGE. Jvt