ABDUL RAHIMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is accused in Crime No. 479/2012 of Kasaragod Police Station, who is alleged to have committed the offences punishable under Section 323, 403, 498A and 506(ii) of IPC. The petitioner would say that he is innocent and has been falsely implicated with ulterior motive. According to him, a false complaint has been laid by the de facto complainant, which was forwarded for investigation and a crime has been registered on the basis of that complaint.

(2.) LEARNED Public Prosecutor opposed the petition pointing out that the investigation is at an infant stage. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and after having perused the records and also considering the fact that being a matrimonial case, reconciliation and reunion of the parties cannot be ruled out, it is felt that this is a fit case where the extraordinary jurisdiction under Section 438 of Cr.P.C. needs to be exercised in favour of the petitioner. The petition is allowed as follows: