V SYAMALA Vs. SNEHA PRABHA

JUDGEMENT

(1.) The complaint filed by the first respondent herein against the petitioners herein and other accused persons in C.C.No.557 of 1999 on the file of the Judicial I Class Magistrate Court, Varkala is sought to be quashed invoking the powers of this Court under Section 482 Cr.P.C. The contention vehemently urged before me for quashing the complaint is that no overt act is attributed against the petitioners herein in the complaint to prove their involvement in the alleged commission of the offences punishable under Sections 447, 427, 379, 506(2) and 149 IPC as member of an unlawful assembly.

(2.) Learned counsel for the petitioner contended that the allegations made in the complaint, even if taken at their face value and accepted in their entirety, do not prima facie make out a case against the petitioners herein, and he very strongly argued that invoking the inherent powers of this Court, which is to be exercised sparingly and with due care and caution, the complaint is to be quashed as against them.

(3.) I find no substance in the contention urged before me by the learned counsel for the petitioners. Clear and specific allegation is made against the petitioners and other accused persons in paragraphs 4,5,7 and 8 of the complaint that they formed themselves into an unlawful assembly, and in prosecution of the common object of the unlawful assembly, committed the aforesaid offences. Paragraphs 4 and 5 alone are reproduced here for the purpose of showing that clear and specific allegation is made against the petitioners herein attributing overt acts on their part.