MATHEW CHACKO @ SHINU 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.163 of 2010 of the Vechoochira Police Station was registered and investigation was taken up for offences punishable under Sections 143, 147, 149, 294(b), 341, 323 and 354 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.481 of 2014 on the file of the Additional Sessions Court-I, Pathanamthitta.

(3.) The prosecution allegation is that on 24.11.2010 at about 8.15 p.m, the petitioners formed themselves into an unlawful assembly and in prosecution of their common object wrongfully restrained respondent Nos. 2 to 6 and thereafter assaulted them with weapons causing bodily injuries.