ABDUL JABBAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the accused in Crime No. 1505 of 2018 of Kadakkal Police Station for offences punishable under Sections 294(b), 354 and 451 r/w Section 34 IPC.

(2.) The prosecution case is that on 22.08.2018, at about 16.20 hours, While the de complainant, who is the Secretary of the Thekkil Milk Co-operative Society was doing her work, accused Nos. 1 and 2, due to the hatred towards her, intruded into the office building by using filthy languages towards her and the first accused assaulted and wrongfully hugged her with an intention to outrage her modesty.

(3.) According to the learned counsel for the petitioners, the petitioners are innocent of the allegations levelled against them. They are members of Thekkil Dairy Society, a Society of Diary farmers registered under the Co-operative Societies Act. The petitioners submitted several complaints against the selection of the de facto complainant before the authorities and have also filed W.P.(C) No. 20903 of 2018 before this Court for the disposal of the complaint filed against the de facto complainant and the Managing Committee members of the society. This Court, by judgment dated 10.08.2018, disposed of the said writ petition directing the Deputy Director of Dairy Development to take action on the representation. The de facto complainant, in collusion with the former Managing Committee, refused to accept milk brought by the petitioners. The petitioners sought explanation from the de facto complainant, who gave vague reply about the quality of the milk brought by them. The petitioners tested the milk in another Diary Society and found the allegations are false and frivolous. Thereafter, the petitioners filed Annexure A2 complaint before the second respondent, who did not register a crime on Annexure A2. According to the petitioners, the present complaint is filed by the de facto complainant as a counter case to harass the petitioners and that none of the ingredients of Section 354 IPC are involved in this case.