ANNAMMA @ JEENA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in S.T.No.110/2019 on the files of the Gram Nyayalaya, Nedumkandam. She faces prosecution for the commission of offence under Ss. 323 & 447 of the Indian Penal Code, 1860(in short, 'IPC') in the aforesaid case.

(2.) The prosecution case is that, on 6/10/2019, at about 09:00 am, the petitioner criminally trespassed into the courtyard of the house of the de facto complainant/third respondent and pushed her down, causing pain and injuries to the left side of her head, left hand and lower back. A Woman Civil Police Officer associated with Nedumkandam Police Station, recorded the First Information Statement[FIS] of the third respondent at about 06:00 pm, on 6/10/2019, at a hospital where the third respondent was admitted for the treatment of the injury allegedly suffered as a result of the aforesaid assault committed by the petitioner. However, the Nedumkandam Police registered this First Information Report [FIR] only at 10:27 am, on 11/10/2019. After the completion of the investigation, the Sub Inspector of Police, Nedumkandam, laid the final report before the Gram Nyayalaya, Nedumkandam, alleging the commission of the aforesaid offences by the petitioner.

(3.) In the present petition filed under Sec. 482 of the Code of Criminal Procedure, 1973(in short, 'Cr.PC'), the petitioner seeks to quash the above FIR as well as the proceedings initiated before the Gram Nyayalaya, Nedumkandam, in the aforesaid case.