RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer in the above Criminal Miscellaneous case filed under Sec.482 of the Cr.P.C is as follows :

(2.) Heard Sri.George Cherian, learned Senior Counsel instructed by Smt.K.S.Santhi, learned counsel appearing for the petitioners and Sri.B.Jayasurya, learned Public Prosecutor appearing for respondent Nos.1 & 2. Though contesting respondent No.3 has been duly served, the said party has not entered appearance.

(3.) The petitioners herein have been arrayed as accused Nos.1 and 2 among the two accused in the instant impugned Annexure-1 FIR in Crime No.527/2017 of Thalayolaparambu Police Station, Kottayam District, for offences punishable under Secs.447, 294(b) & 506 read with Sec.34 of the Indian Penal Code on the basis of the First Information Statement furnished by the 3rd respondent (lady de facto complainant) on 30.03.2017 in respect of the alleged incidents which happened on the same day. The police after investigation has filed the impugned Annexure-2 final report/charge sheet in the said crime, which has now led to the pendency of calendar case C.C.No.491/2017 on the file of the Judicial First Class Magistrate's Court, Vaikom. The case was later transferred from the said Magistrate's Court to the Grama Nyayalaya, Vaikom, where it is now pending as calendar case C.C.No.84/2019. The petitioners have raised various contentions for quashment of the impugned criminal proceedings.