SNEHA Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure, (hereinafter referred to as 'Cr.P.C' for short) and the prayers herein are as under:

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.

(3.) The learned counsel for the petitioner argued at length to convince this Court that the trial court wrongly implicated the petitioner as second accused without sufficient materials, in a case where, at the time of initial investigation and further investigation, the Police exonerated the 2 nd accused in this crime though her name was initially stated in the FIR. It is argued that the learned Special Judge, relying on the evidence of PW1 and her version in the First Information Statement, marked as Ext.P1, invoked the power under Sec. 319 of Cr.P.C. According to the learned counsel for the petitioner, the entire case generated on the basis of the rivalry, arose out of a lesbian relationship between the 2nd accused and the defacto complainant and when the relationship was strained, the 1st accused and the 2nd accused got arrayed as accused in this crime. However, on investigation, as already pointed out, the 2 nd accused was not found involved in this crime. According to the learned counsel for the petitioner, Annexure-A5 order is erroneous and illegal, warranting interference.