LAWS(KER)-2019-9-103

ANAS MUHAMMED ABOOBACKER K. Vs. STATE OF KERALA

Decided On September 20, 2019
Anas Muhammed Aboobacker K. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Dated this the 20th day of September 2019 The prayer in the petition on hand is to quash Annexure-AII final report in Crime No.18/2016 laid by SMS Police Station and S.C No.65/2019 registered on it's file by District and Sessions Court, Kasaragod on its basis.

(2.) The case of the prosecution was that at 15.00 hrs on 29.05.2016, accused nine in numbers attacked the defacto complainant at the backside of kitchen of Zeena Sonia at Thazhe Parappa in Parappa Village with hands and stick. It is also alleged that the blow aimed at with sticks, if not evaded would have caused serious injury and death might have been resulted thereby. The allegations also include abuse by the accused of the defacto complainant and calling his caste name. Based on the allegations, Crime No.18/2016 was registered by SMS Police, the copy of which is appended to the petition on hand as Annexure-A1.

(3.) After pursuing with the investigation in the aforesaid crime, a final report was laid by the aforesaid police chargesheeting petitioners for offences punishable under Section 143, 147 ,148, 323, 324, 294(b), 308 r/w Section 149 IPC and Section 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 (Amendment Act, 2015). The final report when laid before the court, the court has taken cognizance thereof and registered S.C No.65/2019 on its file. The above proceedings, that was sought to be quashed in the petition on hand.