IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Crl.MC.No. 1069 of 2005() ------------------------- CC.650/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONER(S): ACCUSED ---------------------- 1. GOPALAKRISHNAN, THEETTAM PARAMBIL HOUSE, ATHAVANAD, MALAPPURAM DISTRICT, PRESENTLY AT SHARJAH, U.A.E. 2. K.REGHURAJ S/O. PADMANABHAN NAIR, KUNNATHEERI HOUSE, ATHAVANAD P.O., MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. MUHAMMED RIAS C.O. S/O. UMMER, CHUTTUPARAMBIL HOUSE, AYINKALAM, P.O.THAVANUR, MALAPPURAM DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI. PUBLIC PROSECUTOR SRI.C.M. KAMAPPU SRI.BABU S. NAIR FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. ------------------------------ Crl.M.C No.1069 of 2005-C -------------------------------- Dated this the 18th day of December, 2008. O R D E R Petitioners are being tried in C.C.650/2002 on the file of the Judicial Magistrate of First Class, Tirur, for the offence punishable under Section 143, 147, 148, 323, 324 of IPC. 2. The above private complaint is filed by respondent No.1 herein alleging that on 16.7.2002 at about 9.30 AM while he was on duty as driver in stage carriage vehicle bearing No.KL-10K 2950, a group of people led by the petitioners/accused had stopped it and dragged him out of driver's seat and beaten him with stick, iron rod etc. resulting in serious injuries to him. According to the complainant, the alleged incident took place at Athavanad, Athani in Malappuram District. In Annexure A1 complaint respondent No.1/complainant further alleged that he was immediately taken to the hospital and treated as an inpatient. According to him he had specifically informed the Police about the involvement of the petitioners in the incident. But the police did not take any action against the petitioners. It was in the above circumstances that he Crl.M.C No.1069 of 2005-C : 2 : had filed the above private complaint. 3. It is contended by the petitioners that the learned Magistrate issued process to them after taking the sworn statement of the complainant alone. No witness other than the complainant was examined by the learned Magistrate before issuing process, it is contended. 4. Anyhow, there is yet another aspect which has to be noticed. It is the admitted position that as regards the same incident at the same place and time two cases had been registered by the Police, as can be seen from Annexure A4 and A6. In Annexure A4 respondent No.1/complainant was accused No.1. In Annexure A6 a few others were arraigned as accused. In Annexure A6, petitioner No.2 was cited as CW8. It is contended by the learned Counsel for the petitioners that the Police had conducted investigation in Annexure A4 and A6 and laid charge sheet against the accused in those two cases. In none of the above two cases, the petitioners had been made accused nor was there any allegation against them from any quarters. In fact respondent No.1 had never informed the police about the attack on him by a group of people led by the petitioners. It is also pointed out by the learned counsel Crl.M.C No.1069 of 2005-C : 3 : that respondent No.1 had not mentioned anything about the involvement of any other persons in the incident in this private complaint apart from other petitioners. This also indicates that the above complaint was lodged only with a view to somehow harass the petitioners. Having perused the entire materials available on record, I am satisfied that the proceedings pending against the petitioners are liable to be quashed, particularly for the reason that the complaint does not reveal any offence much less the offence punishable under Section 143, 147, 148, 323, 324 of IPC. Therefore the proceedings pending against the petitioners in C.C.650/2002 on the file of the Judicial Magistrate of First Class, Tirur are quashed. Crl.M.C is allowed. Sd/- A.K.BASHEER JUDGE //True Copy// PA to Judge ab