LAWS(KER)-2006-12-212

S SASI RADHA VILASOM Vs. STATE OF KERALA

Decided On December 04, 2006
S.SASI, RADHA VILASOM Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner is the accused in a prosecution under Section 294 (b) and 506(1) I.P.C. Cognizance has been taken on the basis of a final report submitted by the police after investigation. After appearing before the learned Magistrate, the petitioner has come to this court with the prayer that the prosecution may be quashed by invoking the powers under Section 482 Cr.P.C.

(2.) What is the reason? The learned counsel for the petitioner only submits that the allegations raised are false. It is further submitted that the precise words which allegedly were obscene having not been specifically extracted in the charge, the allegation under Section 294B I.P.C will not stand. I have gone through the charge filed. In any view of the matter, I find no merit in the contention that powers under Section 482 Cr.P.C can or ought to be invoked atleast in so far as the prosecution under Section 506(1) I.P.C is concerned. I am, in these circumstances, not satisfied that this Criminal Miscellaneous Case deserves to be allowed. It is for the petitioner to appear before the learned Magistrate and raise all relevant contentions in the course of the trial.

(3.) This Criminal Miscellaneous Case is in these circumstances dismissed.