SHYAM K Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.

(2.) 7th accused in Crime No.467 of 2015 of Pandalam Police Station registered under Sections 143, 147, 148, 149, 452, 294(b) and 307 and Section 27 of the Arms Act, 1959 is before this Court seeking quashment of Annexure-D final report. Matter is now pending in C.P.No.189 of 2016 of Judicial First Class Magistrate Court, Adoor.

(3.) Learned counsel for the petitioner strongly contended that the materials in the final report would show no reason to implicate him in a grave offence. This case appears to be the result of a political clash between two groups, owing allegiance to rival parties. The incident was on 18.04.2015 at about 7.30 p.m. Annexure-B is copy of the complaint filed by the petitioner's father on 04.05.2015 to the District Police Chief, Pathanamthitta. Annexure-C is the acknowledgment receipt. It is submitted by the learned counsel that the petitioner has been falsely implicated only on account of his affinity towards a particular political party which is hostile to the defacto complainant's political party. It is further submitted that first time his name figured as per a statement dated 22.04.2015 given by the defacto complainant. That is part of Annexure-D final report. It can be seen from Annexure-A that a report had been filed on 07.05.2015 adding name of the petitioner as 7th accused in the crime. On the same day he was arrested and later he was released on bail. According to the learned counsel, in spite of receiving information from the defacto complainant that the petitioner is also an accused in the case, no step was taken till 07.05.2015. Long delay of 14 days has not been properly explained. Further, no additional material has been collected by the prosecution to implicate the petitioner as accused in the crime.