BABU.A Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under S.482 of the Code of Criminal Procedure ( hereinafter referred to as 'the Code' ) with a prayer to invoke the extraordinary inherent powers and to quash the pending criminal proceedings.

(2.) On the basis of an FIR lodged by the 2nd respondent, Crime No.353 of 2015 of the Vatakara Police Station was registered and investigation was taken up for offences punishable under Sections 143, 147, 148, 341, 294(b), 323, 324 and 308 read with Section 149 of the IPC, and on its completion final report has been laid before the jurisdictional Magistrate. The case was committed to the Court of Session and the same is pending as S.C.No.1053 of 2016 on the file of the Additional Sessions Court (For the Trial of cases relating to Atrocities and Sexual Violence Towards Woman and Children), Kozhikode.

(3.) The prosecution allegation is that on 9.4.2015 at about 3.30 pm, the petitioners in furtherance of their common intention wrongfully restrained respondent 2 to 5 and thereafter assaulted them causing bodily injuries.