N K MOHANRAJ Vs. KANDIAN RAJEEV

JUDGEMENT

(1.) Annexure-III complaint, C.C. No. 718/95 on the file of the Judicial First Class Magistrate, Thalassery is sought to be quashed by the accused.

(2.) An information was laid by the complainant before the Cannanore Town Police Station on 21-4-94 alleging commission of a crime, against the petitioner. Crime No. 278/94 was registered by the Cannanore Town Police under Ss. 143, 147, 323, 365 read with S. 149, IPC. The FIR was re-registered in the Thalassery Police Station as Crime No. 232/94. After investigation final report was filed under S. 173(2), Cr. P.C. before the Judicial First Class Magistrate, Thalassery by referring the case as false. But report was filed against the complainant alleging an offence punishable under S. 182, IPC which was taken cognizance as C.C. No. 376/94. The final report in Crime No. 232/94 referring the case as false was accepted by the Court without notice to the informant. Hence he filed a protest complaint on 8-12-94 alleging an offence punishable under Ss. 143, 147, 323, 341, 506(2), 365 read with S. 149, IPC against the accused. The complainant has stated in the complaint that notice issued by the police under Ss. 157(2) and 173(1)(b) Cr. P.C. was received by the complainant on 5-12-94.

(3.) In the course of argument counsel for the petitioner pressed the point that the protest complaint should not have been taken on file as the complainant did not challenge the acceptance of the final report filed by the police in Crime No. 232/94.