K. V. SIVADAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are officers working in Kochi Refineries Limited at Ambalamugal, Ernakulam. They have been arraigned as the accused in CC No. 427 of 2004 on the file of the Judicial Magistrate of First Class, Kolencherry. The above private complaint is filed by respondent No.l who is stated to be an employee of the Refineries and the General Secretary of Kochi Refineries Employees' Association. The above complaint has been filed alleging commission of offences punishable under S.143, 147, 323, 294(b) and 506 (1) read with S.149 IPC. In fact respondent No.2 had filed the above private complaint against 8 persons. The complaint was referred to the Police for investigation under S.156(3) of the Code of Criminal Procedure. The Police had referred the case as false after conducting the investigation. Thereafter the complainant had preferred the protest complaint before the learned Magistrate who took the complaint on file and issued process against the petitioners only.

(2.) The prayer in this petition filed under S.482 of the Code of Criminal Procedure is to quash the above proceedings. It is contended by the petitioners that the above proceedings have been initiated only with a view to harass them and it is nothing but sheer abuse of process of the court. On the contrary, it is contended by respondent No.2 - complainant that the averments in Annexure I complaint will clearly show that there are sufficient materials to proceed against the accused for commission of the offences mentioned above.

(3.) The gist of the allegations in the complaint as originally filed is that accused, 8 in number, had assaulted and beaten the workers of the Company and abused them in filthy language and pushed them out of the factory premises by using force. As mentioned earlier, the petitioners were arraigned as accused Nos. 3, 6 and 7 in the complaint. The petitioners are admittedly working as the Deputy Manager (Security) and Security Officers respectively.