RANIMOL Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) This is a case in which the process of law has been grossly abused and misused by the private respondent. A private complaint was filed against the appellants herein and other accused persons after a closure report had already been submitted qua the appellants, resulting in the trial of other accused persons, in relation to the same occurrence, arising out of the same set of facts and circumstances.

(3.) The second respondent before us filed a First Information Report against the appellants herein and other accused persons for the offences under Ss. 143, 147, 148, 149, 323, 324 and 447 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC'). The charge sheet was filed way back in the year 2015. The appellant Nos. 1 to 3 were not included in the report. The Trial Court took cognizance of the negative report qua the aforesaid appellants, and the trial commenced in CC No. 295/2016 qua the remaining accused persons. The sum and substance of the allegations is that the appellants, along with their husbands, confronted the de facto complainant/respondent No.2 in the southern courtyard of his shop and attacked him. Notwithstanding the failure of the respondent No.2 to file a protest petition qua the appellants, against whom the negative report had been filed, he chose to file a private complaint invoking Sec. 200 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr.P.C.') after a lapse of two and a half years. Challenging the committal proceedings initiated by the Magistrate, the appellants approached the High Court by invoking Sec. 482 of the Cr.P.C. The same was dismissed on the premise that a new offence has been added by the introduction of Sec. 308 of the IPC and, therefore, there is no need to allow the same.