ABHIMANYU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in C.C. No.3218/2017 on the files of the Judicial First Class Magistrate Court-II, Kollam. He faces an indictment for the offence under Sec. 341, 294(b) and 323 of the Indian Penal Code, 1860.

(2.) According to the petitioner, pursuant to an FIR in Crime No.1914/2010 dtd. 16/12/2010, the Police had filed a refer report stating the case to be false. However, a protest complaint was filed as per Annexure-A4 in 2015, pursuant to which, the learned Magistrate is understood to have taken cognizance of the crime as C.C. No.3218/2017.

(3.) The defacto complainant had, in the FIR registered on 16/12/2010, alleged that the accused after wrongfully restraining him abused and assaulted the defacto complainant and thereby committed the offences alleged.