RAJESH V.A. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has been arrayed as the sole accused in the instant impugned Annexure-A Crime No.1185/2017 of Binanipuram Police Station, Ernakulam, which has been registered for offences punishable under Section 119(a) of the Kerala Police Act, 2011. The above said crime has been registered on the basis of the First Information Statement given by the 3rd respondent lady de facto complainant on 23.11.2017 at about 6.30 p.m. in respect of the alleged incident which happened on the same day (23.11.2017) at about 4 p.m. The Police, after investigation, has filed the impugned Annexure-B final report/charge sheet in the above said Crime No.1185/2017 of Binanipuram Police Station, which has now led to the pendency of Calendar Case, C.C. No.99/2018 on the file of the Judicial First Class Magistrate Court-II, Aluva. The petitioner seeks quashment of the impugned criminal proceedings and places reliance on the dictum laid down by this Court in cases as in Arun v. State of Kerala [2019 (3) KHC 132 = 2019 (2) KLT 906].

(2.) Heard Sri. K. Ramkumar, learned Senior Counsel instructed by Sri. M.Manoj Kumar, learned counsel appearing for the Crl.M.C.No.7891/2019 3 petitioner/accused, Sri. Saigi Jacob Palatty, learned Public Prosecutor appearing for official respondents 1 and 2 and Sri. C.Y. Vinod Kumar, learned counsel appearing for contesting respondent No.3.

(3.) The main allegation raised in the impugned Annexure-A F.I.R. against the petitioner is that the petitioner has spread false rumors against the lady de facto complainant in public places so as to degrade her dignity and also to detrimentally affect her family life. The coloumn No.12 of Annexure-A F.I.R. deals with the contents of allegations, which reads as follows:- ...[VARNACULAR TEXT UMITTED]...