SANTHOSH Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is a petition filed under Section 482 of Cr.P.C. assailing the order dated 12.08.2009 in Crl.M.P. 157 of 2008 in S.C. No. 662 of 2006 whereby the court below dismissed the petition filed by the petitioner under Section 227 of Cr.P.C. seeking discharge.

(2.) THE petitioner was an employee of Century Hospital, Mulakkuzha in Chengannur and so was also the complainant. The petitioner was working as a driver in the said hospital. On 14.05.2005, the second respondent before this Court laid Annexure B First Information Statement before the Station House Officer of the Chengannur Police Station who registered a crime as Crime No. 343 of 2005 for the offences punishable under Sections 328, 354 and 506(i) of IPC wherein the petitioner was shown as the sole accused. The allegation was that he had filled the water bottle in which the complainant used to bring water to drink with urine and made her to drink the same. He had also threatened her with dire consequences, if she revealed the fact to anybody. Further, it is also alleged that he has been continuously harassing her.

(3.) ON getting summons, the accused entered appearance and the committal proceedings were completed. While the case was pending before the Assistant Sessions Court, Chengannur as S.C. No. 662 of 2006, the petitioner moved Crl.M.P.No. 157 of 2008 with a plea of discharge. Before the plea of discharge was made, the petitioner came across the Chemical Analysis Report which is produced and marked as Annexure H in this case.