VIMAL ARACKAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who purchased certain extent of land from the 2nd respondent and others, has approached this Court with this petition to quash the final report filed against him in Crime No. 857/2012 of Kannamali Police Station.

(2.) The facts required for disposal of this petition in brief are as follows: The 2nd respondent and her relatives had an extent of 2.29 Ares of land in Kumbalangi Village. On 17.9.2012 after receiving the sale consideration transferred the entire property to this petitioner by executing sale deed No. 4157/2012. They have handed over the ownership and possession of the property on the very same day to this petitioner. The property was owned by 11 persons and they together had executed document No.4155/2012 on 17.9.2012. On 19.10.2012 the 2nd respondent preferred Annexure-III complaint against the petitioner before the Assistant Commissioner, Fort Kochi Police Station alleging that the petitioner had trespassed into her residence on 29.9.2012 and insulted her by calling her caste name. On the basis of the complaint, Annexure-IV FIR was registered as Crime No.857/2012. In fact, there is no allegation against this petitioner to attract an offence under Sec. 3(1)(x) of Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act (for short 'the Act') and hence Annexure-I, the final report filed against him in CP No. 1/2015 before the Judicial First Class Magistrate Court-I, Kochi is liable to be quashed after setting aside Annexure III complaint and Annexure-IV FIR.

(3.) Heard Sri. Praveen K. Joy, the learned counsel for the petitioner and Smt. M.K. Pushpalatha, the learned Public Prosecutor and perused the materials on record.