IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 Crl.MC.No. 1507 of 2011() ------------------------------------ CRIME NO.563/2009 OF POTHANIKKAD POLICE STATION, ERNAKULAM DIST. .................... PETITIONER/ACCUSED: ---------------------------------- JOSE, S/O. PAULOSE, KAPIYARUMALAYIL VEEDU, PAINGOTTOOR PO, AYANGARA,KADVOOR, KOTHAMANGALAM, ERNAKULAM. BY ADV. SRI.SAJAN VARGHEESE K., SRI.LIJU. M.P. RESPONDENTS/DEFACTO COMPLAINANT/COMPLAINANT: ------------------------------------------------------------------------------------- 1. ANI, D/O.SAJI, KUNNATHUVEEDU, AYANGARA, PAINGOTTOOR P.O., KOTHAMANGALAM ,ERNAKULAM-686 691. 2. STATE OF KERALA REP. BY SUB INSPECTOR OF POLICE POTHANICAD POLICE STATION, KOTHAMANGALAM, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. R2 BY PUBLIC PROSECUTOR MR.JAYASURYA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 1507 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A: COPY OF THE COMPLAINT IN C.C. NO.518/2006 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT, KOTHAMANGALAM. ANNEXURE B: COPY OF THE FIR IN CRIME NO.563/2009 OF POTHANIKAD POLICE STATION. ANNEXURE C: COPY OF THE PETITION DATED 02/11/2009. ANNEXURE D: COPY OF THE COMPLAINT C.M.P. NO.420/2010 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM. ANNEXURE E: COPY OF THE FIR IN CRIME NO.35/2010 OF POTHANIKAD POLICE STATION. ANNEXURE F: COPY OF THE FINAL REPORT IN ANNEXURE B FIR. ANNEXURE G: COPY OF THE S.161 STATEMENT OF THE DEFACTO COMPLAINANT. ANNEXURE H: COPY OF THE S.161 STATEMENT OF CW2 (MARY JAMES). ANNEXURE I: COPY OF THE ORDER DATED 14/10/2009 PASSED IN WP(C) NO. 28974/2009 ON THE FILE OF THIS HONOURABLE COURT. ANNEXURE J: COPY OF THE AGREEMENT EXECUTED BY GEORGE PUTHOORAN WITH THE PETITIONER. ANNEXURE K: COPY OF THE PETITION DATED 31/08/2009 SUBMITTED BY GEORGE PUTHOORAN BEFORE DY. SP. MUVATTUPUZHA. RESPONDENTS ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1507 of 2011 -------------------------------------- Dated this the 10th day of June, 2011. ORDER Petitioner is the accused in Crime No.563 of 2009 of Pothanikkad Police Station for offences punishable under Sections 354, 447 and 506(i) of the Indian Penal Code (for short, “the IPC”). That case was registered on the information given by the first respondent, the maid servant of one Mary James. Allegation is that on 25.10.2009 at about 9.30 p.m. in the courtyard of the said Mary James (where first respondent was working as maid servant) petitioner outraged her modesty and criminally intimidated her. Police registered case (Annexure-B is the FIR). First respondent made Annexure-D, complaint on 06.12.2010 alleging that on 25.10.2009 in the course of incident referred to in Annexure-B she was subjected to forcible sexual intercourse. Police registered Annexure-E, FIR in Crime No.35 of 2010 for offence punishable under Section 376 of the IPC. In Crime No.563 of 2009 investigation proceeded and it resulted in Annexure-F, final report dated 31.10.2009. Police submitted that final report for offences punishable under Sections 447, 354 and 506(i) of the IPC in the court of learned Judicial First Class Magistrate, Kolenchery. Learned Magistrate took cognizance of the said offences and filed C.C.No.953(A) of 2010. The prayer in this petition is to quash Annexure-F, final report and proceeding in C.C.No.953(A) of 2010. Crl.MC No.1507/2011 2 2. Learned counsel for petitioner submitted that circumstances would show that the case is registered against petitioner only at the instance of Smt.Mary James who is enmical to the petitioner. It is submitted that following the death of the son of Smt.Mary James there was some dispute between the said Mary James and one George Puthooran who had entrusted the property in dispute for management to the petitioner and that the said Mary James is under the impression that petitioner is assisting George Puthooran. 3. I am unable to say at this stage that allegation made by first respondent in her statement to the Police (Annexure-B) are false or inherently improbable so that this Court is required to interfere under Section 482 of the Code of Criminal Procedure (for short, “the Code”). Whether allegations are true or not is a matter which the trial court has to decide. Disputed questions of fact cannot be decided in a proceeding under Section 482 of the Code. Resultantly this Criminal Miscellaneous Case is dismissed without prejudice to the right of petitioner to take appropriate defence before the learned Magistrate. THOMAS P.JOSEPH, Judge. cks