LAWS(KER)-2024-6-82

MANOJ PHILIP Vs. STATE OF KERALA

Decided On June 21, 2024
Manoj Philip Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure (for short,' Cr.P.C.' hereinafter) to quash Annexure A1 complaint, Annexure A6 Order and all further proceedings in C.C.No.197/2023 on the files of the Judicial First Class Magistrate Court-I, Chengannur, arose out of Crime No.2162/2014 of Chengannoor Police Station, Alappuzha.

(2.) Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have perused the relevant records.

(3.) The genesis of the prosecution case is from Annexure A1 complaint filed by the complainant (2nd respondent herein) before the Judicial First Class Magistrate Court-1, Chengannur. As per the complaint, the complainant alleged commission of offence punishable under Ss. 498A r/w Sec. 34 of the IPC, by accused Nos.1 to 4. Complaint was referred to police for investigation and Annexure A3 FIR was registered. Thereafter, final report was filed, stating that the allegations in the complaint are false. Challenging the finding of the final report, the complainant filed protest complaint before the learned Magistrate and given statements of herself as well as the witnesses. Thereafter, the learned Magistrate took cognizance for the above offences.