PRIYA Vs. THE STATE OF KERALA

JUDGEMENT

(1.) IT is averred that in the impugned Anx. VII final report/charge sheet filed in the impugned Anx. 1 Crime No. 601/2013 of Puthukkad Police Station, registered for offences under Secs. 143, 147, 188, 353 read with Sec. 149 of the I.P.C., which is now pending as C.C. No. 3949/2013 of Judicial First Class Magistrate's Court, Irinjalakuda, the name of accused No. 2 therein is shown as one Reshmi, but all the other details are that of the petitioner, whose name is Priya. It is averred that some persons had allegedly indulged in unauthorised reclamation of paddy land in the nearby locality and that the members of the locality had organized themselves against such alleged unlawful action and there was a public agitation. The husband of the petitioner is an Advocate practising in various courts and the people of the locality had constantly approached the petitioner's husband for legal advice and assistance for championing the cause of public grievance against such unlawful reclamation of paddy land. The petitioner's husband instituted several cases on behalf of several aggrieved persons. It is thus stated that the petitioner's husband was not liked by the persons, who are allegedly responsible for such illegal reclamation of paddy land, who were said to be an organized force. It is pointed out that in pursuance of the judgment of this Court in W.P.(C). No. 8664/2013, the Puthukkad Police was directed to ensure adequate police protection for removing the earth from the land in question on 19.4.2013 and it is alleged by the Police that several persons had obstructed the police from discharging their duties in the grant of police protection for undertaking the reclamation work, which led to the institution of Anx. I Crime No. 601/2013 of Puthukkad Police Station. 18 accused persons have been included in that case and that the impugned Anx. VII final report/charge sheet was filed in the above said crime. The name of the 2nd accused shown in the impugned final report/charge sheet is as "Reshmi", aged 28 years, W/o. Benny, Kalan Veedu, Ponkothri Desom. The petitioner became aware about the pendency of the above said criminal proceedings only much after the submission of the impugned final report. As the name shown in A -2 is Reshmi, and since the address except the name, tallied with that of the petitioner, she has instituted the instant Criminal Miscellaneous Case for quashment of the impugned criminal proceedings. It is stated that the petitioner was not in any way involved with the above said incident, which led to the registration of the impugned crime and that the persons, who were behind the organised reclamation work, had misled the Police to falsely implicate the petitioner just to harass and deter the petitioner's husband, who is an Advocate, from fearlessly carrying out his professional service to the public, who were aggrieved by such illegal reclamation work. Even the name of the petitioner Priya is not shown in the final report/charge sheet inasmuch as the name shown therein is that of one Reshmi, whereas the petitioner's name is Priya. It is in the light of these aspects that the petitioner has filed the instant Crl. M.C. seeking the quashment of the impugned criminal proceedings against her.

(2.) HEARD Sri. G. Sreekumar Chelur, learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondent State of Kerala.

(3.) ON evaluation of the entire facts and circumstances of this case, the very initiation of the impugned criminal proceedings purportedly against the petitioner appears to be vexatious and malafide. The version projected by the petitioner that this was done only to harass and deter the petitioner's husband, who was helping the cause of the aggrieved public, appears to be quite credible and more probable than the plea now sought to be made by the Police that they will attempt to make amends at this late stage by correcting the name accused No. 2.