C.R.RAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) This memorandum of criminal revision petition is filed under Section 397 read with Section 401 of Code of Criminal Procedure seeking to set aside the order dated 22.9.2005 in C.C.No.266/2005 on the file of the Judicial First Class Magistrate Court-II, Pathanamthitta whereby the learned Magistrate took cognizance of the offences punishable under Sections 323 and 341 of the IPC against the revision petitioner/accused.

(2.) The revision petitioner/accused (hereinafter referred to as the accused) was working as the Sub Inspector of Police in Konny Police Station during March, 2005. The 2nd respondent filed a private complaint against the accused alleging offence punishable under Sections 294(b) , 323 and 341 of the IPC before the learned Magistrate. Upon recording the sworn statement of the 2 nd respondent/complainant (hereinafter referred to as the complainant), the learned Magistrate registered the case as C.C.No.266/2005 and issued process to the accused. On receipt of the summons, the accused challenged the order of the learned Magistrate in revision before this Court.

(3.) The prosecution case in brief is that on 15.3.2005, the complainant was summoned by the police to appear before the police station alleging that the complainant assaulted one Mohanan. It is further alleged that, when he reached the police station he was called inside the closed room of the accused and slapped him on his cheeks. The complainant went to the hospital and later filed the complaint. Consequent to the summons, the accused entered appearance on 16.2.2006 and he was enlarged on bail. Particulars of the offence were read over to the accused to which the accused pleaded not guilty. The complainant was examined as PW1.