PRASANTH P. Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita ('BNSS' for short), seeking quashment of all further proceedings pursuant to Annexure F FIR arising out of Crime No.359/2024 of Thiruvambady Police Station, Kozhikode Rural. The petitioners are the 1 st and 2nd accused in the above crime.

(2.) Heard the learned counsel for the petitioners, the learned Public Prosecutor and the learned counsel appearing for the 2 nd respondent/defacto complainant. Perused the relevant documents.

(3.) Precisely spelt, the prosecution case is that at about 13.30 hours on 4/7/2024 when the accused herein, who are officials of the Kerala State Electricity Board ('KSEB' for short), reached the house of the defacto complainant to disconnect the electric supply on failure to pay electricity bill, the 1st accused abused the defacto complainant by using filthy language. The 2nd accused caught hold of the shoulder of the defacto complainant, pushed her and thereby she fell down and sustained injuries; and thus her modesty was outraged. The further allegation is that the accused removed the solar bulbs fitted on the compound wall of the defacto complainant's house. On this backdrop, prosecution alleges that the petitioners herein committed offences punishable under Ss. 126(2), 115(2), 74, 296(b) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 ('BNS' for short).