BIJOY P. M. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the defacto complainant in Crime No.294 of 2023 of Town West Police Station, Thrissur. The investigation was completed in the aforesaid crime, and a final report has been filed, which is taken cognizance as C.C. No.99/2023 before the Chief Judicial Magistrate, Thrissur. The petitioner filed an application seeking further investigation as Crl.M.P. No.8176/2023 in the aforesaid crime. However, by order dtd. 6/10/2023, the learned Chief Judicial Magistrate dismissed the application after finding that there was no such scope for further investigation.

(2.) The incident that led to the crime has its genesis in petitioner's love for canines and his regular feeding of stray dogs. Irked by the above conduct, on 4/3/2023, at around 9.15 pm, when the petitioner went out for a walk with his dogs, the accused wrongfully restrained and attacked him with weapons. Upon suffering serious injuries, including a fracture to his mandibles, petitioner rushed back to his house. The third accused followed him, trespassed into the compound and attempted to stab the defacto complainant's wife with a steel knife. Meanwhile, the petitioner, fearing an attempt to murder, escaped from the scene. It is alleged that the entire incident was caught on CCTV camera.

(3.) Sri. Sarath Babu Kottakkal, the learned counsel for the petitioner, contended that when the FIR was registered, the police purposely avoided that part of the statement of the defacto complainant regarding the attempt to murder. Even the offences under Sec. 326 and 308 of IPC were omitted in the FIR. When the final report was filed, though there was a reference that the accused had threatened the defacto complainant and his wife with a knife, neither Sec. 307 nor 308 of IPC were incorporated.