JOSE Vs. SUBRAMANYAN AND ORS.

JUDGEMENT

(1.) The petitioner is arraigned as the 2nd accused in C.C.No.1990/2012 on the files of the Judicial Magistrate of First Class, Wadakkancherry. He is charged for having committed offence punishable under Section 506(1) r/w Section 34 of the IPC.

(2.) The said case arose on the basis of a complaint given by the 1st respondent, the then Panchayat Secretary of Erumappetty Grama Panchayat, before the Sub Inspector of Police, Erumappetty police station. Annexure B crime was registered for offense punishable under Sections 452 , 353 , 506(1) r/w Section 34 of the IPC . Later, investigation was conducted and final report was laid under Section 506 (1) r/w Section 34 of the IPC alone on finding that no offense under Sections 452 and 353 IPC was made out . The learned Magistrate took cognizance and the case was numbered as C.C.No.1990 of 2012.

(3.) The instant petition is filed before this Court seeking to invoke powers under Section 482 of the code on the ground that the prosecution against him has to be brought to a premature termination as the necessary and vital ingredients of the alleged offense is not made out against him