JAMES JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner challenges Annexure A2, final report filed against him alleging offences punishable under Ss. 294(b) and 506 of the Indian Penal Code and S. 120(o) of the Kerala Police Act.

(2.) The case of the petitioner is as follows: The de facto complainant, who was an employee, in the company run by the petitioner, could not perform well in the company and therefore, is having no other option than terminating him from service after complying with all the legal requirements. However, it led to an animosity towards the petitioner. He started filing fictitious complaints against the petitioner and the ' petitioner's company. As a result of the animosity, an FIR was lodged against the petitioner by the de facto complainant on 04.10.2017 alleging that the petitioner called the de facto complainant over the mobile phone on 30.09.2017 and verbally abused him and also intimidated and threatened him. Accordingly, Annexure A1 F.I.R. in Crime was registered under Ss. 294(b) and 506 of I.P.C. and S. 120(o) of the Kerala Police Act. On the strength of Annexure A1, the Police filed a final report before the Judicial First Glass Magistrate Court-II, Ernakulam.

(3.) Section 294(b) of I.P.C. reads thus: