BAIJU T.D. Vs. STATE OF KERALA

JUDGEMENT

(1.) 1st accused in Crime No.338 of 2017 of Vaikom Police Station registered under Sections 394, 294(b), 341 and 323 read with Section 34 of the Indian Penal Code, 1860 has approached this Court with these petitions under Section 482 of the Code of Criminal Procedure, 1973 (in short, "Cr.P.C."). Crl.M.C.No.5350 of 2017 is filed by challenging the common order (Annexure-A10) passed by the learned Judicial First Class Magistrate-I, Vaikom on the petitions filed under Section 451 Cr.P.C. by the petitioner and the 2nd respondent for getting interim custody of a bus involved in dispute. Crl.M.C.No.2151 of 2017 is filed by the petitioner/1st accused to quash the first information report (Annexure-A3) in the above crime.

(2.) Heard the learned counsel for the petitioner and the 2nd respondent. Learned Public Prosecutor is also heard.

(3.) Case against the petitioner, in short, borne out from Annexure- A2 first information report in Crl.M.C.No.5350 of 2017 (Annexure-A3 in Crl.M.C.No.2151 of 2017) is thus: The incident occurred at 6.15 p.m. on 03.02.2017. A bus driven by the defacto complainant, said to be belonging to the 2nd respondent, was waylaid by the petitioner along with other accused. After causing hurt to the defacto complainant, they robbed his purse containing Rs.9,000/- and a mobile phone worth Rs.13,000/-. Thereafter they forcefully captured the vehicle. According to the averments in the first information statement, that was a case of dacoity. Police registered the case as per the statement given by the driver (defacto complainant) of the 2nd respondent.