RUDRASENAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C has been filed to quash the entire proceedings in CC No. 167/2018 on the file of the Judicial First Class Magistrate Court-II, Cherthala (for short, 'the Court below') on the ground of limitation.

(2.) A crime was registered by the Aroor Police Station, Alappuzha District against the petitioner under Ss. 341, 323 and 354 of IPC. Annexure B is the FIR. The allegations in Annexure B were that, on 10/3/2016 at 10.15 a.m., at Panchayat road in front of the house of the de facto complainant, the petitioner wrongfully restrained the de facto complainant, pulled down the thermal box containing fish which he was carrying on his head and when he fell down, the petitioner dragged him through the ground causing injuries on various parts of his body. It was further alleged that when the wife of the de facto complainant intervened, the petitioner caught hold of her nightie with intention to outrage her modesty.

(3.) On investigation it was found that no offence under Sec. 354 of IPC was involved. Accordingly, a report was submitted by the Investigating Officer on 16/8/2016 at the Court reporting the deletion of Sec. 354 of IPC. Annexure C is the report. Thereafter, on completion of the investigation, final report was filed for the offences under Ss. 341 and 323 of IPC on 16/12/2017. Annexure D is the final report. The Court below took cognizance of the offence on 20/2/2018. According to the petitioner, the Court below took cognizance of the offence after the expiry of the period envisaged under Sec. 468(2)(b) of Cr.P.C. It is in these circumstances the Crl.M.C has been filed to quash the proceedings.