Muraleedharan Pillai v. State

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937 Crl.MC.No. 2671 of 2015 () --------------------------- CC.NO. 1532/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -III, PUNALUR CRIME NO. 34/2014 OF PUNALUR POLICE STATION , KOLLAM DISTRICT ------------------ PETITIONER/1ST ACCUSED:

--------------------------------------------- MURALEEDHARAN PILLAI, S/O.VASUDEVAN PILLAI, AGED 49 YEARS, NILAVU, ARAMPUNNA, PUNALUR P.O, KOLLAM.

BY ADV. SRI.B.MOHANLAL RESPONDENT(S)/COMPLAINANT:

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1. STATE, REPRESENTED BY THE STATION HOUSE OFFICER, PUNALUR POLICE STATION, PUNALUR, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. SMT. SOBHA PRADEEP, W/O.PRADEEP, KAIPPALLIL VEEDU, TOWN WARD, PUNALUR P.O, PATHANAPURAM TALUK, KOLLAM.

R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN R2 BY ADVS. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

Crl.MC.No. 2671 of 2015 () -------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

-------------------------------------------- ANNEX AI:

THE TRUE COPY OF THE COMPLAINT AND FIR IN CRIME NO.34/2014 OF PUNALUR POLICE STATION IN KOLLAM DISTRICT ANNEX A2:

THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.34/2014 OF PUNALUR POLICE STATION IN KOLLAM DISTRICT PENDING AS CC.NO.1532/2014 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT III, PUNALUR ANNEX A3:

THE TRUE COPY OF THE JUDGMENT DATED 29.05.2012 WPC.NO.9916/2012 OF THIS HON'BLE COURT RESPONDENT(S)' ANNEXURES:

NIL ------------------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

K. ABRAHAM MATHEW, J.

==================== Crl. M.C.No. 2671 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of June, 2015

O R D E R

Petition filed under Section 482 Cr.P.C.

2. Petitioner is the first accused in C.C. No.1532 of 2014 on the file of the Judicial First Class Magistrate-III, Punalur. He is charged with having committed the offences under Sections 354(A)(IV) and 500 IPC. The prayer is to quash the proceedings in the criminal case on the ground that no offence is made out.

3. Heard the learned counsel for the petitioner and for the second respondent and the learned Public Prosecutor.

4. The proceedings in the criminal case are sought to be quashed on the ground that no offence is made out. If the materials relied on by the prosecution do not disclose commission of any offence by the petitioner, his remedy is to plead for discharge. Whether the offence under Section 500 IPC can be taken cognizance by the Magistrate also can be determined by the Magistrate. The petitioner may plead for discharge if the charge has not been framed.

Crl. M.C.No. 2671 of 2015 ::2::

In the result, this Crl. M.C. is disposed of with the above observation.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge