IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 Crl.MC.No. 781 of 2006 (C) ------------------------------------------ CC.508/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONERS: ---------------------- 1. V.KRISHNAN, AGED 54 YEARS, S/O.VASUDEVAN, TYPIST, OFFICE OF THE DIRECTOR, CENTRE FOR EARTH SCIENCE STUDIES, AKKULAM, TRIVANDRUM, RESIDING AT "VRINDAVAN", POWDIKONAM P.O., TRIVADNRUM-695 587. 2. T.R.NAVAMONY, AGED 53 YEARS W/O.V.KRISHNAN, TYPIST, DISTRICT MEDICAL OFFICER (HOMOEO), TRIVANDRUM, RESIDING AT "VRINDAVAM", POWDIKONAM P.O., TRIVANDRUM-695 587. 3. N.K.ANOOP, AGED 21 YEARS, S/O.V.KRISHNAN, STUDENT, RESIDING AT "VRINDAVAN", POWDIKONAM P.O., TRIVANDRUM-695 587. BY ADV. SRI.P.P.JNANASEKHARAN RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. B.SUDHAKARAN, "SKYLARK", ULIYAZHATHURA VILLAGE, MANACKAL WARD, MUKKIKADA, POWDIKONAM, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.AMJED ALI SRI.M.RAJAGOPALAN NAIR FOR R2 SRI.G.BIJU FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.781 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December 2009 ORDER Petitioners 1 and 2, husband and wife, are government servants. Petitioner No.3 is their son. They are now being prosecuted for the offence punishable under Section 427 read with Section 4 IPC before the Judicial Magistrate of First Class III, Trivandrum in C.C.No.508/05 in a private complaint filed by respondent No.2 herein. 2. The gist of the allegations against the petitioners is that on June 16, 2000 at about 11.10 p.m. they had demolished a concrete plaque indicating the name of a particular road in a residential area in Manackal Ward of Sreekaryam Grama Panchayat within the limits of Kazhakuttom Police Station. According to respondent No.2/the complainant, he had informed the police about the incident; but no action was taken. Therefore, he filed a private complaint before the Judicial Magistrate of First Class No.III Trivandrum seeking appropriate action against the petitioners. The complaint was forwarded to the Police for investigation under Section 156(3) of the Code of Criminal Procedure. The police filed a 'Refer report' after conducting investigation finding that the complaint was false. A copy of the 'Refer report' is available on record as annexure 6. It was thereafter that respondent No.2 preferred the present complaint. 3. The learned Magistrate, after taking the statement of respondent No.2, issued process to the petitioners directing them to appear and answer the charge levelled against them. It is at that stage that the petitioners have preferred this Crl.M.C.No.781 OF 2006 2 petition under Section 482 of the Code of Criminal Procedure seeking to quash the above proceedings. 4. At the outset it may be noticed that there appears to be no love lost between the petitioners and respondent No.2. It is revealed from the records produced before this court that both sides have been busy in filing complaints against each other. According to the petitioners, respondent No.2 has been harassing them for the last several years starting from 1997. There were civil suits and criminal cases galore between them during the last few years. According to the petitioners they are being victimised and hunted because they belong to particular political party. Respondent No.2 belongs to the rival political party which is in majority in that area. 5. It appears that the name plaque installed by the political party to which respondent No.2 has allegiance, was the bone of contention. The allegation against the petitioners is that they had destroyed the said name plaque. Anyhow, the short question is whether any interference is warranted in the case on hand. 6. According to respondent No.2, he is a member of the road construction committee which had installed the name board there. The allegation in the complaint is that petitioners had destroyed the board late in the night on June 16, 2000. But no action was taken by the police though the matter was reported on the next day itself. 7. However a perusal of the 'Refer report' filed by the Circle Inspector of Police, after conducting investigation as directed by the court, will unambiguously show that there was no truth or substance in any of the Crl.M.C.No.781 OF 2006 3 allegations made by the respondents in the complaint filed by them earlier. 8. As mentioned earlier, the present complaint was filed after the police had referred the case as false. The learned Magistrate has chosen to issue process to the petitioners on the basis of the said complaint even without examining any witness. The Magistrate has only recorded the statement of respondent No.2/complainant. 9. I have carefully perused annexure A7 - complaint and the sworn statement of respondent No.2. In my view, learned Magistrate has chosen to issue process to the petitioners without any application of mind at all. Having regard to the entire facts and circumstances of the case, particularly the long pending feud between the parties, I am of the view that the present complaint instituted by respondent No.2 against the petitioners is nothing but a vindictive action aimed at wreaking vengeance on the petitioners. No offence, much less an offence under Section 427 IPC has been made out. The materials available on record will undoubtedly show that this is a fit case in which exercise of the inherent power under Section 482 of the Code is warranted, particularly in the nature of the allegations made in the complaint and the history of the litigation. 10. In that view of the matter, the proceedings pending against the petitioner in C.C.508/05 on the file of the Judicial Magistrate of First Class-III, Trivandrum are quashed. Criminal M.C. is allowed. (A.K.BASHEER, JUDGE) jes