SAYYID IMBICHI KOYA THANGAL Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure with the following prayer:

(2.) Heard the learned counsel for the petitioner, the learned counsel for the complainant/2nd respondent and the learned Public Prosecutor in detail. Perused the relevant documents.

(3.) Coming to the genesis of the prosecution case, crime No.144/2021 of Kadampuzha Police Station was registered on 11/6/2021, on the allegation that the accused/petitioner herein committed offences punishable under Ss. 377 and 498A of IPC. Annexure A1 is the copy of FIR. Annexure A1 was investigated and thereby Annexure A2 report filed, stating that the case was false. Aggrieved by Annexure A2 final report, the complainant lodged Annexure A5 protest complaint. While proceeding with the protest complaint, the learned Magistrate recorded the statements of the complainant as well as four other witnesses. Thereafter, the learned Magistrate passed Annexure A6 order dtd. 6/12/2021, whereby cognizance taken for the offences punishable under Ss. 377 and 498A of IPC and numbered the case as C.C.No.1402/2022.