SHANAVAS M. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the second accused in Annexure-A1 F.I.R (third accused in the final report filed before the Judicial First Class Magistrate Court-I, Nedumangad), has filed this petition under Sec. 482 Cr.P.C for quashing the proceedings initiated against him consequent to the registration of the above crime.

(2.) The allegation against the accused in the above said crime is that the de facto complainant (second respondent) was subjected to voluntary hurt on 8/3/2018 at about 7:00 p.m by the first accused at the time when the Jama-Ath Committee meeting at a place called Kanyakulangara was being presided over by the de facto complainant. It is also alleged that messages denigrating the de facto complainant were circulated to various persons, and also to a whatsapp group at the instance of the persons by name Rafeek and Irshad who are arraigned as the first and second accused in the final report. The petitioner is alleged to have acted in concert with the other accused in the commission of crime.

(3.) The S.I of Police, Vattappara Police Station filed final report before the jurisdictional Magistrate in respect of the commission of offence under Sec. 294(b), 323 and 500 I.P.C read with Sec. 34 I.P.C. The learned Magistrate took cognizance of the offence under Sec. 294(b) and 323 I.P.C read with Sec. 34 I.P.C, and issued summons to the accused.