P K GOPALAKRISHNAN Vs. P NARAYANAN NAIR

JUDGEMENT

(1.) The petitioner faces indictment in a prosecution under Sections 323 & 325 I.P.C. The crux of the allegations against the petitioner is that he assaulted the victim/complainant, a person aged about 74 years, resulting in grievous hurt to the complainant. The alleged incident took place on 04.07.2005.

(2.) First information report was registered by the police. After investigation, the police had filed a final report to the learned Magistrate reporting that the allegations were false. It is thereafter that a private complaint was filed by the complainant dissatisfied about the police investigation. A copy of the complaint is produced as Annexure-F. Annexure-F reveals the allegations against the petitioner. It also shows that the respondent/complainant had produced the accident register cum wound certificate, which allegedly shows that the complainant had suffered grievous hurt. The learned Magistrate considered the complaint. He recorded the sworn statement of the complainant and two witnesses. Copies of those sworn statements are also produced as annexures in this petition. The learned Magistrate thereupon found that there is sufficient ground to proceed against the accused. Accordingly process was issued to the petitioner under Section 204 Cr.P.C. It is at that stage that the petitioner had rushed to this court with this Crl.M.C. praying that the proceedings against him may be quashed.

(3.) The learned counsel for the petitioner submits that the allegations against the petitioner are totally false. Truth or falsity of the allegations cannot evidently be attempted to be decided at this stage of the proceedings under Section 482 Cr.P.C. I note particularly that there is no specific contention that the victim had not suffered any grievous hurt. At any rate, the wound certificate which is produced before the court below, on the basis of which cognizance has been taken under Section 325 Cr.P.C, is not placed before this Court for perusal. The complaint appears to have been filed by the victim and the police after investigation had filed a refer report, a copy of which is produced as Annexure-D. Annexure-D final report has been perused by me. Less said about the final report in this prosecution, the better. The report does not even show whether the victim had suffered any hurt or whether such hurt is a grievous hurt. The contention that Annexure-D must have prevailed on the learned Magistrate not to issue process under Section 204 Cr.P.C, cannot also in these circumstances succeed. I shall scrupulously avoid any detailed discussion on merits about the acceptability of the allegations. Suffice it to say that I am not persuaded to agree that this is a fit case where invoking the extraordinary inherent jurisdiction available to this Court under Section 482 Cr.P.C, the proceedings initiated against the petitioner deserve to be quashed.