ANILKUMAR N.R. Vs. SAJU THURUTHIKUNNEL

JUDGEMENT

(1.) THIS is an application filed by twelfth accused in C.C 483/14 on the file of the Judicial First Class Magistrate Court, Kolenchery to quash the proceedings as against him under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) IT is alleged in the petition that the petitioner has been arrayed as twelfth accused in C.C No. 483/14 on the file of the Judicial First Class Magistrate Court, Kolenchery and he is a practicing Doctor. The case was taken on file on the basis of a private complaint filed by the de facto complainant/the first respondent against twenty persons including the petitioner alleging the offences under Section 500 of the Indian Penal Code. According to the petitioner, the averments in the complaint do not disclose the commission of the offence as against the petitioner and he has been implicated in the case only to harass the mass petition allegedly given by the accused comes under various exception under Section 499 of the Indian Penal Code also. So the petitioner is entitled to get the proceedings quahsed as against him. So the petitioner has no other remedy to approach this Court seeking the following relief:

(3.) THE counsel for the petitioner submitted that even going by the allegations in the complaint and also the sole statement in the complaint, no offences has been made out against the present petitioner and allowing the case to continue as against him will only amount to wastage of judicial time and is abuse of process of court. It is a fit case were power under Section 482 of the Code has been invoked to quash the proceedings.