PHILIPOSE SAKARIAH ALIAS JOMON Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused 1 to 4 in a prosecution initiated on the basis of a final report submitted by the police under Section 427, 294(b) and 506(II) read with 34 I.P.C and Section 4 read with Section 25(i) of the Arms Act. The crux of the allegation raised against the petitioners in such final report is that they, in furtherance of their common intention to intimidate, threaten and cause injuries to the defacto complainant/CW1 at 20.30 hours on 21/11/2004 went to the house of CW1 and indulged in wanton acts of intimidation armed with the dangerous weapon - a sword stick. CW1 and CW3 were allegedly intimidated and stone was allegedly thrown which hit the window glasses and caused damage to the tune of Rs.500/-. Abusive words were also showered at the victims by the petitioners, it is further alleged. Cognizance was taken by the learned Magistrate. The first petitioner filed a complaint alleging that the police have not properly investigated the crime and totally false and vexatious allegations have been raised by the investigating officer solely to oblige the defacto complainant and the Circle Inspector of Police having jurisdiction who was hand in glove with the said CW1.

(2.) The Director General of Police had called for a report from the Deputy Superintendent of Police, Crime Detachment, Pathanamthitta and the said officer submitted a report in which he expressed his opinion that the allegations were not correct and a proper investigation has not been conducted. The petitioner has, somehow, come into possession of a copy of the said report and the same has been produced as Annexure-VIII. According to the petitioner, such a report was filed but no action was taken by the superior officials.

(3.) This court, by order dated 27/11/2006 in an attempt to ascertain the truth of Annexure-VIII, directed the Superintendent of Police, Pathanamthitta to report whether any such report has been received by the Director General of Police. Accordingly, a further statement has been filed by the Superintendent of Police, Pathanamthitta along with a factual report enclosing Annexures 1 and 2.