PREMSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners who are the accused in S.C.No. 719/2012 before the Additional Assistant Sessions Court, Kollam have come up with this petition under Section 482 of the Code of Criminal Procedure to quash the Final Report filed against them.

(2.) The relevant facts that emerge from the record is that on 9.12.2010 the first accused/first petitioner has approached the family of the de facto complainant with a marriage proposal to marry the de facto complainant. The de facto complainant and her family members refused to accept the proposal. Therefore he was entertaining enmity towards them. So with the intention to destroy her life, he along with the second accused who is his friend, in furtherance of their common intention on 9.12.2010 at about 5.45 p.m. had kidnapped the de facto complainant while she was returning to her hostel where she was accommodated after her class in T.K.M Institute of Management. They followed her in a car and dragged her into the vehicle driven by the second accused/2nd petitioner and they threatened her with dire consequences and took her to different places and later abandoned her near the public road at Pangode and thereby committed the offences punishable under sections 366 , 323 , and 34 of the Indian penal Code.

(3.) The records would reveal that the learned Additional Sessions Judge on 9.7.2015 had framed charge against the petitioners. But the petitioners have approached this Court with Crl.R.P.No.963/2015 to quash the charge framed against them alleging that the court had mechanically framed the charge against them. They have also sought for a discharge on the ground that there is no case against them so as to face trial before the court. A learned Single Judge of this Court by an order dated 2.9.2015 set aside the charge framed by the trial court on 9.7.2015 and directed to frame proper charge and also to verify the materials before the court and examine whether they are entitled for a discharge. The relevant portion of the said order reads as follows: