PREETHIMON Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the accused persons in C.C. No. 555 of 2002, on the file of the Court of the Judicial Magistrate of the first class II, Kanjirapally. The offences alleged against them are under Sections 448, 294(b) and 506(1) read with Section 34 of the Indian Penal Code. On appearance before the Court below, they filed an application under Section 258 of the Code of Criminal Procedure, which was dismissed by the trial Court and the order of the trial Court was confirmed in Crl RP No. 18 of 2003, on the file of the Court of Session, Kottayam. The prayer in the Crl MC is to quash Annexure-B order in Crl RP No. 18 of 2003 as well as to quash all the proceedings in C.C. No. 555 of 2002, on the file of the Court of the Judicial Magistrate of the first class II, Kanjirapally.

(2.) It is submitted by the counsel for the petitioner that even if all the allegations contained in Annexure-A FIR are taken as true, no offence is made out against the petitioners. Accused No. 1 is an advocate while accused No. 2 is a member of the panchayat. It is stated in Annexure-A FIR that the accused came to the police station and enquired about the petition submitted by Soosan, the wife of the second accused and in respect of which Crime No. 206 of 2001 was registered. The further allegation in the FIR is as follows :

(3.) Sri. K. Ramakumar, learned counsel appearing for the petitioners, submitted that the allegations made in the FIR do not constitute an offence under Section 294(b) of the Indian Penal Code. He relied on the decisions in Santhilal v. Parameswaran Pillai (1988 (2) KLT Short Notes Case No. 112 at page 74), P. T. Chacko v. Nainan Chacko, 1967 KLT 799, Chacko George v. State of Kerala, 1968 KLT 219 and Ranjit v. Udeshi v. State of Maharashtra, AIR 1965 SC 881 in support of this contention.