ROBIN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS criminal miscellaneous case was filed by the original 3rd accused in Crime No. 109/2014 of Valiyathura police station to quash the proceedings as against him under Section 482 of the Code of Criminal Procedure (hereinafter called 'the Code').

(2.) IT is alleged in the petition that, the petitioner has been arrayed as 3rd accused in Crime No. 109/2014 of Valiyathura police station, registered alleging commission of offences under Sections 143, 147, 148, 341, 323, 324, 294(b), 427 and Section 153A read with Section 149 of the Indian Penal Code. The petitioner is working as a printing helper in Kerala Books and Publication Society, a Government of Kerala undertaking. He has been falsely implicated in the case due to the political revelry. The ingredients of offence made against the petitioner are not sufficient to attract the offence against the petitioner as well. The case was originally registered on the basis of the statement given by the de facto -complainant, alleging that, the accused have committed robbery by snatching away a silver chain worth 1,500/ - and cash of 25,500/ -, thereby they have committed the offence punishable under Section 395 of Indian Penal Code. During investigation, it was revealed that, such an offence has not been committed, and that section was deleted and Section 143, 147, 148, 323, 324, 294(b), 427, 153A read with Section 149 of the Indian Penal Code were added and 15 accused persons were implicated in the case. In fact, even though the de facto complainant had no such case, a new case has been foisted by the investigating officer, so as to wrongly implicate the petitioner in the case. Originally one Manoj was shown as 3rd accused and subsequently the present petitioner was added as 6th accused as Robin @ Manoj and it was a case of mistaken identity alone. Further the ingredients of Section 153A of Indian Penal code have not been made out as well. So proceeding with the case as against the petitioner is nothing but an abuse of process of court. So he has no other remedy, except to approach this court, seeking the following reliefs:

(3.) 2nd respondent appeared and filed an affidavit stating that, while he was coming back along with his friend on the fateful night and some group of people kicked him, who were watching the programme organized by St. Xavier's Arts Club, as part of their annual ceremony. Six persons by name Jinu, Sajan, Rajesh S/o. Mullan Vijayan, Saji and Stephen attacked him and they abused him and in the mille, he lost his silver chain and cash of 25,500/ -, which later recovered from the scene of occurrence itself. The present petitioner has not involved and he had not given his name as well. He was wrongly added as 3rd accused in the case and he has no grievance against the petitioner and he is not opposing the petition for quashing the proceedings as well.