MADHUSOODHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C is filed by the 13th accused in C.P.No.25 of 2018 on the file of the Judicial First Class Magistrate Court, Thripunithura seeking to quash Annexure-A Final Report and all further proceedings pursuant thereto as against the petitioner.

(2.) The aforesaid committal proceedings are based on the final report submitted in Crime No.1536 of 2017 of Udayamperur Police Station. The offence alleged against the petitioner and other accused are under Sections 120B, 323, 342, 354, 357, 366, 506(1), 201 and 34 of the Indian Penal Code. Prosecution case is that, the petitioner is the Secretary of a Yoga Centre under the name and style Sivasakthi Yoga Centre. It is alleged that the de facto complainant was forcibly taken by accused Nos.6,7,8 and 9 to the Yoga Centre as they were aggrieved by the marriage performed by the de facto complainant with CW2 who belongs to Christian religion, whereas the de facto complainant belongs to Hindu religion. After taking the de facto complainant to the aforesaid Yoga Centre, the 1st accused who is conducting the said institution, along with accused Nos.2, 3 and 4, who are the counselors therein, with the help of the 5th accused forcibly detained the de facto complainant. The hands and legs of the de facto complainant were tied and she was also subjected assault. It was also alleged that when the de facto complainant cried loudly her dresses were torn by the accused persons. For persuading her to withdraw herself from the marriage with a person of another religion, 1st accused had taken classes defaming other religions and also threatened her that if the de facto complainant continues her relationship with CW2, she would be killed. The de facto complainant was illegally detained in the said Yoga Centre from 31.07.2017 to 21.08.2017 and accordingly all the accused persons have committed the offences under the provisions mentioned above.

(3.) The case of the petitioner is that the contents of Annexure-A final report would not constitute any of the offences as against the petitioner herein as no specific overt act has been mentioned in the said final report. In the said circumstances, he seeks for invocation of powers of this Court under Section 482 Cr.P.C.