CIBI.K.CHERIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C. has been filed by the petitioner/accused in C.C.No.875/2018 on the file of the Judicial First Class Magistrate Court, Thripunithura.

(2.) The petitioner/accused (hereinafter be referred as petitioner) is a lawyer enrolled with Bar Council of Kerala and is active in his profession. The second respondent/defacto complainant (hereinafter be referred as the second respondent) is the wife of the brother-in-law of the petitioner. The second respondent is working as a nurse at Vijayakumara Menon Hospital at Thripunithura. The marital relationship of the second respondent with her husband I.e, the brother in law of the petitioner has been strained by 2015. Several litigation are pending between them.

(3.) The petitioner filed Vakalath for the brother-in-law and conducted the case in M.C.No.27/2016 filed by the second respondent before the Grama Nyayalaya, Kolencherry. That provoked the second respondent and she made allegations against the petitioner one after the other. Initially, the second respondent filed a complaint against the petitioner before the SHO, Thripunithura, alleging commission of offence under Sec. 341 and 506 (1) of Indian Penal Code. After investigation, that case was referred as false and the Judicial First Class Magistrate Court, Thripunithura accepted the refer report. The second respondent and her husband initiated proceedings before the Family Court, Ernakulam for the custody of the child. The child was reluctant to go with the second respondent. Thereafter she filed a complaint against the petitioner and that was numbered as C.C.No.991/2017 on the file of the Judicial First Class Magistrate Court, Ernakulam. Against which the petitioner filed Crl.M.C.No.5611/2018 before this court and the entire proceedings was quashed. Subsequent to that the present case was registered against the petitioner, based upon a protest complaint filed by the second respondent. The petitioner is totally innocent and case has been filed only to damage his reputation and hence, this Crl.M.C. has been filed.