LEKHAMOL C.K Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in the case C.C.No.1028/2014 pending on the file of the Court of the Additional Chief Judicial Magistrate (Economic Offences) Ernakulam. The allegation against her is that she has committed the offences punishable under Sections 406 and 500 of the Indian Penal Code (for short ' I.P.C '). This petition is filed by her to quash the proceedings against her in the aforesaid case by invoking the power of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code').

(2.) The case against the petitioner was registered on the basis of a written complaint given by the second respondent, who is none other than her husband, before the Sub Inspector of Police, North Police Station, Ernakulam. The offences alleged against the petitioner by the second respondent in the aforesaid complaint were under Sections 417 and 419 I.P.C. Crime No.1184/2013 of Ernakulam Town North Police Station was registered against the petitioner on the basis of the aforesaid complaint for the offences punishable under Sections 406, 419, 427 and 465 I.P.C.

(3.) During the investigation of the case, the investigating officer filed a report before the Magistrate's Court concerned that the investigation revealed that the petitioner did not commit the offences punishable under Sections 419, 427 and 465 I.P.C but she committed the offences punishable under Sections 406 and 500 I.P.C. After completing the investigation of the case, the police filed Annexure A5 final report (charge sheet) against the petitioner for the offences punishable under Sections 406 and 500 I.P.C. Learned Magistrate took cognizance of the aforesaid offences and numbered the case as C.C.No.1028/2014 and ordered to issue summons to the petitioner. On various grounds, the petitioner seeks to quash all further proceedings against her in the case.