SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are accused numbers 1 to 5 in a private complaint filed by the 2nd respondent before the Judicial First Class Magistrate court, Idukki. Annexure III is the private complaint filed by the 2nd respondent. Annexure IV is the order taking cognizance of the offence.

(2.) The case of the 2nd respondent is that due to some previous enmity, on 14.02.2013, the 1st accused along with other accused wrongfuly restrained the defacto complainant while he was travelling in a Tipper Lorry and assaulted the husband of the complainant. In connection with the above incident Crime No.115/2013 was registered by Idukki Police alleging offences punishable under Sections 341, 323, 324, 430 506(i) read with Section 34 of the IPC. The offence under Section 3 (1)(X) of the SC/ST (Prevention of Atrocities) Act was also alleged. After conducting a full fledged investigation, the Police referred the case as per Annexure I refer report. Thereafter, Annexure III complaint was filed and the learned Magistrate taken on file the same as C.P.No.12/2015 for the offences interalia under Section 3(1)(X) of the SC/ST (PA) Act.

(3.) This Crl.M.C. is filed to quash the entire proceedings in C.P.No.12/2015 on the file of the Judicial First Class Magistrate court, Idukki.