RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in S.C. No. 60 of 2022 on the file of the Additional Sessions Court-V, Ernakulam, charged with offences punishable under Ss. 323, 506, and 302 of the Indian Penal Code. This petition has been filed under Ss. 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging Ext. P1 order whereby the petitioner's application under Sec. 227 of the Code of Criminal Procedure has been dismissed.

(2.) The prosecution case, in brief, is that on 25/10/2020 at about 7:15 p.m., the petitioner and the de facto complainant's mother engaged in a quarrel over a dispute relating to the dumping of waste into the drainage in front of the petitioner's residence. During the course of the said quarrel, it is alleged that the accused criminally intimidated the de facto complainant's mother and pushed her to the ground, as a result of which she suffered a cardiac arrest leading to her death. Thus, the accused are alleged to have committed the aforementioned offences.

(3.) Heard the learned counsel appearing for the petitioner as well as the learned Public Prosecutor.