RAJEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer in the above Criminal Miscellaneous Case filed under Section 482 of Cr.P.C is as follows:-

(2.) Heard Sri. Suvin. R. Menon, learned counsel appearing for the petitioners, Sri. Amjad Ali, learned Public Prosecutor appearing for R1 and R2 and Sri. V.V. Nandagopal Nambiar, learned counsel appearing for contesting respondents 3 to 5 (def facto complainant and the two injured persons concerned).

(3.) The petitioners herein have been arrayed as accused Nos.1 to 3 among the three accused in the instant impugned Annexure-A2 Crime No.457/2015 of Vellayil Police Station, Kozhikode, which was initially registered for offences punishable under Sections, 341, 323, 294(b),506(i), 379, 426 and 34 of the IPC. The said crime has been registered pursuant to the directions issued by the learned Magistrate under Section 156(3) of Cr.P.C., whereby the Police was directed to register a crime and conduct investigation in respect of the allegations raised in the private criminal complaint filed by the 3rd respondent de facto complainant. It is on this basis, the impugned Annexure-A2 crime has been registered on 6.7.2015 in respect of the alleged incident which happened on 13.4.2015. The 3rd respondent de facto complainant's wife is respondent No.5, who in turn happens to be the sister of the 1 st petitioner herein (A1) and the daughter of the 3rd petitioner herein (A3). The 2nd petitioner herein (A2) is the wife of the 1st petitioner herein.