P.GOPALAKRISHNAN @ DILEEP Vs. STATE OF KERALA

JUDGEMENT

(1.) In this proceedings instituted under Section 482 of the Code of Criminal Procedure (Code), the petitioner seeks orders quashing Annexure C court charge in S.C. No. 118 of 2018 on the files of the Court of the Additional Special Sessions Judge, (SPE/CBI)-III, Ernakulam.

(2.) The petitioner is the eighth accused in the case which arose from Crime No.297 of 2017 of Nedumbassery Police Station. Annexure A is the final report in the case filed on 18.04.2017 without prejudice to the further investigation in the matter. Seven persons were arrayed as accused in the said final report. The accusation against the accused in Annexure A final report is that accused Nos.1 to 6 hatched a criminal conspiracy on 11.02.2017 and on other days to abduct CW1, a cine actress, rape her and videograph its visuals to extort money from her by putting her in fear of publicizing the visuals. It is also alleged in the final report that on 17.02.2017, in prosecution of the said common object, while CW1 was on her way from Thrissur to Ernakulam in a vehicle driven by the second accused, accused Nos.1 and 3 to 6 abducted her, raped her and videographed the sexual assault in a mobile phone.

(3.) While so, on 10.04.2017, the petitioner submitted a complaint by mail and later, in writing to the Director General of Police alleging that some persons are trying to extort money from him in connection with the occurrence made mention of in the final report. It is alleged that the said complaint was though forwarded by the Director General of Police to the Officer in charge of investigation in Crime No. 297 of 2017 of Nedumbassery Police Station, no further action was taken.