Kerala High Court
Surendran vs State Of Kerala on 1 September, 2014
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
THURSDAY, THE 31ST DAY OF MARCH 2016/11TH CHAITHRA, 1938
Crl.MC.No. 4732 of 2014 ()
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CC 1951/2013 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I,
PUNALUR
CRIME NO. 1118/2010 OF ANCHAL POLICE STATION, KOLLAM
PETITIONER/ACCUSED NO.1:
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SURENDRAN, AGED 67 YEARS,
S/O.PANKAJAKSHAN, THAVARATHU, ARIPLACHI,
ANCHAL, PUNALUR, KOLLAM.
BY ADVS. SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN
RESPONDENT(S)/COMPLAINANT/STATE:
--------------------------------
1. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031
(CRIME NO.1118/2010 OF ANCHAL POLICE STATION,
KOLLAM DISTRICT).
*ADDL.R2 IMPLEADED:
ADDL.R2. SHAJI B., AGED 45 YEARS,
S/O.BHADRAN, AMRITA HOUSE,
KURUVIKKONAM, ARIPLACHI P.O.,
KOLLAM-673 307.
*ADDL.R2 IS IMPLEADED AS PER ORDER DATED 01.09.2014 IN
CRL.M.A.NO.7919 OF 2014 IN CRL.M.C.4732/14.
BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
31-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DSV/1/4/16
Crl.MC.No. 4732 of 2014 ()
--------------------------
APPENDIX
PETITIONER'S ANNEXURES:
I COPY OF THE COMPLAINT SUBMITTED BY THE DEFACTO
COMPLAINANT BEFORE THE SUB INSPECTOR OF POLICE, ANCHAL POLICE
STATION.
II COPY OF THE FIR IN CRIME NO.1118/2010 OF ANCHAL POLICE
STATION.
III COPY OF THE FINAL REPORT ISSUED TO THE PETITIONER FROM
THE COURT IN CRIME NO.1118/2010.
RESPONDENTS' ANNEXURES:
NIL
// True Copy //
P.A. To Judge
DSV/1/4/16
B. KEMAL PASHA, J.
====================
CRL.M.C. No. 4732 of 2014
====================
Dated this the 31st day of March, 2016
O R D E R
The petitioner is the 1st accused in C.C.No.1951 of 2013 of the Judicial First Class Magistrate's Court-I, Punalur, which has arisen from Crime No.1118 of 2010 of the Anchal Police Station, for the offences under Sections 294
(b), 506(i) and 109 IPC read with Section 34 IPC.
2. The crime was registered on the basis of a complaint preferred by the defacto complainant before the Sub Inspector of Police, Anchal. Annexure-I is the copy of the complaint.
3. On going through Annexure-I, it seems that there are no ingredients at all to invite the offences under Sections 294(b) and 506(i) IPC as well as Section 109 IPC., as against the petitioner. The petitioner is the father-in-law of the defacto complainant. On account of the harassment by the defacto complainant, the daughter of the petitioner has taken shelter at the house of the petitioner. A criminal CRL.M.C.No. 4732 of 2014 -: 2 :- case, alleging an offence under Section 498A IPC and other offences, was registered against the defacto complainant and the said criminal case is still pending.
4. The allegation against the petitioner is that he has instigated his son to abuse and intimidate the defacto complainant. Annexure-A3 is the Final Report filed by the Police after investigation. The Final Report also does not reveal any of the ingredients of the offences under Sections 294(b), 506(i) and 109 IPC., as against the petitioner. The Police have recorded an additional statement of the defacto complainant. The said additional statement also does not reveal any of the ingredients of the aforesaid offences, as against the petitioner.
5. At any stretch of imagination, the petitioner cannot be dragged into any of the offences alleged against him. Matters being so, all further proceedings in C.C.No.1951 od 2013 of the Judicial First Class Magistrate's Court-I, Punalur, as against the petitioner, based on Annexure-III Final Report CRL.M.C.No. 4732 of 2014 -: 3 :- in Crime No.1118 of 2010 of the Anchal Police Station, are liable to be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.1951 of 2013 of the Judicial First Class Magistrate's Court-I, Punalur, as against the petitioner, based on Annexure-III Final Report in Crime No.1118 of 2010 of the Anchal Police Station, are hereby quashed.
Sd/-
B. KEMAL PASHA, JUDGE.
DSV/31/3/16 // True Copy // P.A. To Judge