LAWS(KER)-2024-9-156

PRASANTH K.S. Vs. STATE OF KERALA

Decided On September 05, 2024
Prasanth K.S. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure, to quash Annexure II Final Report and all further proceedings in C.P.No.8/2024 on the files of the Judicial First Class Magistrate Court-I, Alappuzha, arose out of Crime No.1638/2023 of Alapuzha North Police Station. The petitioner herein is the sole accused in the above case.

(2.) Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor in detail. Perused the prosecution records, including the decisions cited by the learned counsel for the petitioner.

(3.) The prosecution case is that on 4/11/2023, when the defacto complainant appeared in person at the District Court in Alappuzha to give evidence in a case relating to Ambalapuzha police station, the accused, who introduced himself as the clerk of one Ambika Madam, threatened the defacto complainant that he had the video clips and photos of the defacto complainant and he had seen the same. Therefore, she would lose the case and thereby pressurized her to change her statement which she had given against the accused in the said case. In this matter, FIR was registered by the police, alleging commission of offences punishable under Sec. 195A and 506 of the Indian Penal Code (hereinafter referred to as 'IPC' for short). Thereafter, the matter was investigated and filed final report, incorporating offences punishable under Ss. 341, 195A and 506 of IPC.