MOOSA VALLIKKADAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner who is a member of the Kerala State Police Force and who was working at the relevant time as the Sub Inspector of Police Ponnani, seeks to quash the cognizance taken and the summons issued to him by the JFCM - I, Ponnani in ST No. 330 of 2008 for offences punishable under S.323 and S.453 IPC. The aforesaid ST Case arose out of Annexure - A private complaint filed by the 2nd respondent herein (Smt. Majida, A.M.) who is a lady Advocte practising at Ponnani.

(2.) The case of the prosecution as alleged in Annexure - A private complaint can be summarised as follows:

(3.) The learned Magistrate took cognizance only of the offences punishable under S.453 and S.323 IPC and issued summons to the petitioner. It is the said order which is assailed in this Crl. MC filed under S.482 CrPC.