VIJAYAKUMAR Vs. KAMARUDHIN

JUDGEMENT

(1.) This application under S.482 of the Cr.P.C. is filed by the 1st accused in C.C 1052/97 on the file of the Judicial First Class Magistrate's Court, Kattakada to quash the charge sheet and the entire proceedings initiated against him.

(2.) Originally a case was registered against the petitioner and others by the Kattakada Police alleging offences punishable under S.379 and 506(1) read with S.34 IPC in Crime No. 177/92 on the basis of a complaint filed by the 1st respondent herein before the Judicial Second Class Magistrate's Court, Kattakada in C.M.P. No. 4627/92 which was forwarded by the Magistrate for investigation and report to the police under S.156(3) of the Cr.P.C. The Kattakada Police after investigation filed a refer report before the Magistrate's Court since the dispute involved in the case was of civil nature. The Judicial First Class Magistrate by order dated 12.1.1995 accepted the refer report after giving notice to the complainant since no objection was raised by him. Subsequently on the basis of the complaint dated 6.3.1995 filed by the 1st respondent before the Chief Minister of Kerala and forwarded by the Chief Minister to the Director General of Police for necessary action and as directed the C.B.C.I.D. Special squad registered the case by re-numbering C.B.C.I.D. Crime No. 81/CR.95. The Dy.S.P., C.B.C.I.D., Special Squad, Thiruvananthapuram conducted the investigation and filed a report before the Judicial First Class Magistrate's Court, Kattakada. After completing the investigation, he laid charge sheet against the petitioner and others alleging offences punishable under S.341, 323 and 506(1) r/w S.34 of IPC and deleting the offence punishable under S.379 IPC from the original F.I.R. Accordingly the Judicial First Class Magistrate registered the case in C.C. 1052/97 against the petitioner and others.

(3.) According to the petitioner, he is an employee of Prakash Leasing Private Ltd. and working as Deputy General Manager (Recoveries). The company Had given possession of a Mini Lorry bearing No. KL-01-9306 on hire-purchase basis to the 1st respondent as per Annexure-1 agreement and since the 1-st respondent committed default to pay the installments due in spite of demands, the company through its agent dispossessed the vehicle from the 1st respondent on 15.7.1992 and duly informed the police and the Regional Transport Officer. The first respondent filed complaint alleging theft before the Magistrate's Court which was forwarded to the police for investigation and after investigation the police filed a refer report which was accepted by the Magistrate's Court. Subsequently a second investigation was conducted by a different agency illegally and filed charge sheet against the petitioner and others altering the original offence and alleging offences punishable under S.341, 323 and 506(1) r/w S.34 IPC, in pursuance of which the Judicial First Class Magistrate's Court, Kattakada registered C.C. 1052/97 against the petitioner and others and proceeding against them.