DR.K.P.SATHEESAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the accused in C.C.No.648/2015 pending before the Judicial First Class Magistrate Court-1, Ernakulam. The aforesaid case is registered on the basis of a private complaint submitted by the 2nd respondent herein for the offences punishable under Ss. 350, 352, 379 and 506(ii) of the Indian Penal Code.

(2.) The facts leading to the filing of this Crl.M.C., according to the petitioner, is as follows:

(3.) It is pointed out that, instead of carrying out repairs as promised, the de facto complainant submitted Annexure-I complaint before the Sub Inspector of Police, Mulavukkad alleging that, the petitioner has forcibly taken the R.C.book and licence from his car. It is averred by the petitioner that the police conducted a preliminary inquiry and no case was registered. On 26/9/2012, the de facto complainant submitted another complaint which is produced as Annexure-II before the Inspector General of Police, Ernakulam reiterating the aforesaid allegations. It is contended by the petitioner that no proceedings were initiated on the basis of the same apparently due to the falsity in the aforesaid complaint. In the meanwhile, the petitioner entrusted the R.C.book and driving licence of the de facto complainant with the Assistant Commissioner of Police, City Traffic, Ernakulam on 22/9/2012. It is learned that the same is already returned to the de facto complainant through Sub Inspector of Police, Mulavukkad.