ULLAS Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the accused in S.T.No.2983/09 on the file of the Judicial Magistrate of the First Class, Kothamangalam, which arose out of a complaint, numbered as petty case No.445/09, filed before the magistrate by the Circle Inspector of Police, Kothamangalam Police Station. Offence alleged against the petitioner in the complaint is under S. 182 of the Indian Penal Code (for short "the I.P.C"). PETITIONER had given a statement before the police imputing various offences against some persons, on which a crime was registered as Crime No. 1170/09 of Kothamangalam Police Station for offences under Ss.447, 324 and 341 read with S.34 of the I.P.C. against the accused named therein. Allegation raised in his complaint was that the accused had criminally trespassed upon his residence and conjointly attacked him, and thereby they committed the aforesaid offence. Over the same incident involved another crime case had been registered by the police as Crime No. 1170/09 in which the petitioner was proceeded against as the accused for offences punishable under Ss.307 and 294(b) of the I.P.C. After investigation of both the crimes, case registered on the basis of the complaint of the petitioner under Annexure-B F.I.R. was found to be false and a report there of was filed before the magistrate. Over the crime registered against the petitioner, Crime No.1170/09, final report was laid indicting him of the offences under Ss.307 and 294(b) of the I.P.C. That case, after committal, is pending trial, numbered as S.C. No.124/11, before the Assistant Sessions Court, Perumbavoor. Meanwhile, the Circle Inspector of Police, Kothamangalam filed petty case No.445/09 complaining that the accused, giving statement leading to Annexure-A crime, which were false to his knowledge and belief, has committed the offence under S. 182 of the I.P.C. The magistrate has taken cognizance of the offence under the complaint and issued summons to the petitioner/ accused. Present petition has been filed to quash the proceedings against the petitioner in S.T.No.2983/09 on the file of the Judicial Magistrate of the First Class, Kothamangalam.

(2.) THE learned counsel for the petitioner submitted that over the refer report filed in the crime registered in Annexure-B F.I.R. he has filed a protest complaint as Crl.M.P.No.94/09 before the Magistrate. Annexure C is a copy of that complaint. After recording his sworn statement in the enquiry on such complaint and being satisfied that a prima facie case to proceed against the accused named has been made out, cognizance of the offences under Ss.324, 447 and 341 read with S.34 of the I.P.C. has been taken in the complaint numbering it as C.C.No.447/11 of the court. Since cognizance has already been taken of the offences referred to above on his protest complaint, the proceedings initiated on the basis of Annexure-A complaint filed by the Circle Inspector of Police are illegal and unjustifiable, submits the counsel. It is also contended that even if the entire allegations in Annexure-A complaint are accepted as true, still, no offence under S.182 of the I.P.C. is made out, to proceed against the petitioner. According to the counsel, there should be specific allegation that the person who gave information, the public servant, either knew or believed that the information given by him is false. No such allegation is spelt out in Annexure-A complaint, is the submission of the counsel, to contend that further proceedings on such complaint will be an abuse of the process of the court.