SREEDEVI AMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the second accused in a prosecution, inter alia, under Sections 427, 294(b) and 420 I.P.C. Cognizance has been taken by the learned Magistrate in 2003 on the basis of a final report submitted by the police. The final report was filed in a crime registered on the basis of a private complaint referred by the learned Magistrate to the police. The petitioner, now in 2007, has come before this Court with a prayer that the proceedings against him may be quashed invoking the powers under Section 482 Cr.P.C.

(2.) The specific allegations raised against the petitioner is that she had used abusive and obscene words against CW1. This allegation is false. The petitioner, a woman, is unlikely to have indulged in such conduct. In these circumstances powers under Section 482 Cr.P.C. may be invoked, it is prayed.

(3.) I am unable to find any particular circumstance which can persuade this court to invoke the powers under Section 482 Cr.P.C. At the stage of Section 482 Cr.P.C. the acceptability of the Crl.M.C.No. 823 of 2007 allegations against an indictee or the acceptability of the probable evidence that may be tendered cannot obviously be gone into. The allegations, if accepted, according to me, would undoubtedly reveal the offence alleged. I am, in these circumstances, not at all persuaded to invoke the powers under Section 482 Cr.P.C. to bring to premature termination the proceedings against the petitioner.