BABEESH Vs. S I OF POLICE

JUDGEMENT

(1.) On application of the dictum in Madan Mohan Abbot v. State of Punjab,2008 AIR SCW 228, as understood by this Court in Santhosh v. State of Kerala,2008 3 KLT 240, can or should be the powers under Section 482 Cr.P.C. be invoked to quash the prosecution against the petitioner under Section 326 Cr.P.C. This is the short question that falls for consideration in this Crl.M.C.

(2.) The petitioner had come to this Court with this application under Section 482 Cr.P.C. initially to quash an F.I.R. registered against him and later request is made to quash the final report filed by the police after investigation into that crime. The crucially relevant and vital facts can be summarised as follows.

(3.) The defacto complainant/third respondent is an autorikshaw driver. He, along with his friends, was sitting and chatting in the autorikshaw parked at a public place near a dispensary on the night of 19.5.2008. Earlier there was a dispute between the petitioner herein and the brother of the third respondent. The petitioner had allegedly attacked the brother of the third respondent and in respect of that there was a crime registered by the police. Actuated by ill-will on account of the previous incident - of the brother of the third respondent complaining to the police, the petitioner, when he saw the third respondent in the autorikshaw, allegedly went away and came back armed with a dangerous weapon. When he came back, he pulled the third respondent out of the autorikshaw and inflicted a grievous injury on the third respondent with such dangerous weapon. This in short is the allegation, on the basis of which the F.I.R. was registered. Investigation confirms the culpability of the petitioner and accordingly final report has been filed.