JOEL JOJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The 3rd accused in C.C.No.29/2024, on the files of Judicial Magistrate First Class Court-I, Punalur, arising out of Crime No.1039 of 2023 of Kulathupuzha Police Station, Kollam, has filed this Criminal Miscellaneous Case under Sec. 482 of the Code of Criminal Procedure ('Cr.P.C' for short) with a prayer to quash the proceedings as against the petitioner in C.C.No.29/2024 pending before the Judicial First Class Magistrate's Court-I, Punalur in Kollam District and render justice to the petitioner.

(2.) Heard the learned counsel for the petitioner as well as the learned Public Prosecutor in detail. Perused the relevant documents.

(3.) Here the prosecution allegation is that at 1.10 p.m on 30/10/2023, accused 1 to 3 with intent to steal the gold necklace worn by the defacto complainant reached, the tea shop run by the defacto complainant and her husband opposite to Kulathupuzha Mosque, on a bike. Thereafter , the 1st accused came to the shop and asked for a cigaratte. While the defacto complainant was taking the cigaratte, the 1st accused snatched the gold necklace and left the place along with accused 2 and 3 on the same bike. Thereby the defacto complainant sustained loss of Rs.1,35,000.00. It is on this premise, the prosecution alleges commission of offence punishable under Sec. 392 r/w 34 of the Indian Penal Code, by the accused.