SARANYA Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure ('Cr.P.C' for short) to quash Annexure-I final report in Crime No.761/2020 of Balussery Police Station, now pending as C.C.No.1347/2020 on the files of Judicial First Class Magistrate Court-II Perambra.

(2.) Heard the learned counsel for the petitioners as well as the learned Public Prosecutor in detail. Perused the relevant materials including the final report and witness statements.

(3.) As per the final report, the prosecution alleges commission of offences punishable under Ss. 323, 341 r/w 34 of Indian Penal Code ('IPC' for short) on the premise that at about 13 hours on 14/3/2020, the 2nd accused herein wrongfully restrained the second witness and beat him using his hands and the 1st accused kicked the first witness by the time. It is argued by the learned counsel for the petitioners that the petitioners are innocent. There was delay of 5 months in lodging the F.I.R since the occurrence was on 14/3/2020 and crime was registered on 1/8/2020. The second challenge was regarding the date of occurrence and according to the petitioners, even though as per the charge sheet the incident took place on 14/3/2020, the defacto complainants in their earlier statements stated that the incident occurred on 15/3/2020 and there was correction in the date of the incident at the instance of the police.