ANILKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in C.C No. 231 of 2020 on the file of the Additional Chief Judicial First Class Magisatrate Court, Thriuvananthapuram, filed this petition under Sec. 482 Cr.P.C praying for quashing all further proceedings against him. The above case is based on a private complaint filed by the 2nd respondent/defacto complainant in the form of a protest complaint against Annexure A1 refer report filed by police in Crime No. 1162 of 2014 of the Medical College Police Station.

(2.) The main greivience raised by the learned counsel for the petitioner is that the learned Magistrate has passed a cryptic order taking cognizance of the offences without even referring to Annexure A1 refer report. Therefore, the learned counsel prayed for setting aside Annexure A4 order of the learned Magistrate dtd. 27/2/2020, taking cognizance of the offence under Sec. 506(i) IPC against the petitoner.

(3.) From Annexure A4 proceedings of the learned Magistrate, it is revealed that the learned Magistrate has recorded the statements of the complainant and a witness and also directed the SHO, Medical College Police Station to produce the CD relating to Annexure A1 refer report. However, on 27/2/2020, while taking cognizance of the offence under Sec. 506(1) IPC, the only order seen to have been passed by the learned Magistrate is as follows :