CHINNU DARWIN Vs. STATE OF KERALA

JUDGEMENT

(1.) This original petition has been filed to quash Ext.P11 order passed by the Judicial First Class Magistrate Court, Kakkanad. (for short, the court below)

(2.) The petitioner is the de facto complainant and the 3rd and 4th respondents are the accused in Crime No.1384/2021 of Info Park Police Station. The petitioner is the wife of the 3rd respondent. The 4th respondent is the mother of the 3rd respondent. The petitioner filed a private complaint against the 3rd and 4th respondents as CMP No. 1774/2021 at the court below. The court below forwarded the said complaint to the 2nd respondent and the above crime was registered. The 3rd and 4th respondents are alleged to have committed the offence punishable under Ss. 406 and 379 r/w 34 of IPC.

(3.) The case of the prosecution in short is that on 7/11/2021, in between 3.00 p.m. and 7.00 p.m, the 3rd and 4th respondents committed theft of 20 sovereigns of gold ornaments and other household utensils belonging to the petitioner which were kept in a flat at Kakkanad where the 3rd respondent and the petitioner were residing. Since the petitioner was dissatisfied with the investigation, she filed Ext.P9 petition at the court below u/s 156(3) of Cr.P.C. to monitor and supervise the investigation by the court below. The court below after hearing both sides dismissed the petition as per Ext.P11. The said order is under challenge in this original petition.