K M BASHEER Vs. KANNUR RAJAN

JUDGEMENT

(1.) The petitioner is the seventh accused in a private complaint filed by the first respondent herein. In the said complaint, the first respondent had raised the allegations against the petitioner and nine others. Accused 1 to 5 are police officials. Accused 6,8,9 and 10 are private persons who allegedly shared the common intention with the petitioner and indulged in the commission of the offence punishable interalia under Sections 120B, 193,352 and 506(ii) read with 34 I.P.C.

(2.) The crux of the allegation is that the petitioner, who is alleged to be an influential person, in collusion with the police officials had allegedly gone to Kozhikode and had illegally taken the complainant into custody and had abducted him from Kozhikode to Kasaragod. This, it is alleged, was committed by the seventh accused, who is an influential political personage at Kasaragod using his influence with the police. He had earlier flied Annexure A2 complaint before the Circle Inspector of Police, Kasaragod. On the basis of that Annexure A3, an F.I.R was registered. According to the petitioner, he had gone to Kozhikode and had handed over currency notes to the complainant as indicated by him in Annexure A2 complaint. While the complainant herein alleges that he was physically taken into custody and illegally brought to Kasaragod, the petitioner contends that he had only handed over the currency notes and the complainant had proceeded to Kasaragod on his own. That is the area of difference between the case of the petitioner and the case of the respondent/complainant.

(3.) The learned Magistrate has taken cognizance. The petitioner has received notice. He has not entered appearance before the learned Magistrate. Instead, he has rushed to this court with this petition under Section 482 Cr.P.C.