ANAS MOHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, a Motor Vehicle Inspector, was booked by the Nedumangad Police, for the commission of offence under Sec. 294(b) and Sec. 509 I.P.C. for the alleged act of scolding and verbally abusing a lady, during her driving test. It is alleged that, on 14/10/2022, at about 12:00 noon, while the petitioner was travelling along with the de facto complainant in her car, during the course of her driving test, he verbally abused her for arriving for the driving test without trimming her nails. According to the de facto complainant, the outrageous words uttered by the petitioner insulted her modesty, and hence he is guilty of commission of the aforesaid offences.

(2.) After the completion of the investigation, the S.I. of Police, Nedumangad laid the final report before the Judicial First Class Magistrate Court-II, Nedumangad, alleging the commission of the offences under Ss. 294(b) and 509 IPC by the petitioner/accused.

(3.) Pursuant to the appearance of the petitioner before the learned Magistrate, he filed C.M.P No.7778/2024 seeking discharge, stating the reason that the offences alleged against him are not attracted, even if the entire allegations levelled by the prosecution are accepted as such. After hearing both sides, the learned Magistrate dismissed the above petition, as per the order passed on 18/10/2024. It is the aforesaid order, which is under challenge in this revision petition.