RAMA NARAYANA PRABHU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused in C.C.No.390/2016 on the files of the Judicial First Class Magistrate Court-II, Ernakulam, for having allegedly committed the offences punishable under Sections 341 and 323 read with Section 34 of the I.P.C. The defacto complainant-injured is the 2nd respondent herein. The allegation in the F.I.R. at Annexure A1 and the final report at Annexure A4 indicate that the petitioners had on 12.02.2016 at about 6.00 P.M. wrongfully restrained the defacto complainant and assaulted him by slapping him on the face, twisting his arm and kicking him on his knees. These allegations are prima facie sufficient to attract the offences under Sections 341 and 323 of I.P.C. Whether those allegations are true or whether they would stand judicial scrutiny sufficient to end in conviction of the accused, is not the concern of this Court, exercising the jurisdiction under Section 482 of Cr.P.C.

(2.) The only concern is whether going by the allegations, the offences would be attracted or not. This Court cannot go into the facts raised by the petitioners regarding the enmity between the defacto complainant and the accused so as to foist them in a false case and this Court cannot go into the details of the medical evidence so as to see whether the allegations are sufficient to cause the injuries as mentioned in the wound certificate. The final report says that there are CW2 and CW3, who have witnessed the incident and they have been cited as eye witnesses. Whether their testimonies would be sufficient to corroborate testimony of CW1 is not the concern of this court.

(3.) The petitioners will have to face trial. This is not a case where this Court can exercise its extra-ordinary jurisdiction to quash the proceedings at the threshold under Section 482 of Cr.P.C. Hence, the Crl.M.C. is not sustainable and the same is dismissed.