Judgment · High Court

STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI, ERNAKULAM, PIN – 682 031 STATION HOUSE OFFICER PAYYANNUR POLICE STATION, PAYYANNUR. KANNUR DISTRICT, PIN – 670 307 PRASANTH C AGED 45 YEARS, S/O. KANNAN, CHERAMBATH HOUSE, KANDOTH, NR. AYURVEDA HOSPITAL, VELLUR, KANNUR RURAL, PIN – 670 307 SANTHOSH P S/O. BALACHANDRAN, PANDARAVALAPPIL (H), KOWAPRAM. RAMANTHALI AMSOM, KANNUR RURAL, PIN – 670 308 BY SMT.SREEJA V., PUBLIC PROSECUTOR CRL.MC NO. 4360 OF 2024 2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

23.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 4360 OF 2024 3 BECHU KURIAN THOMAS, J. =-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.M.C.No.4360 of 2024 =-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 23rd day of May, 2024 ORDER Petitioner challenges the registration of Annexure-A4 FIR and Annexure-A5 complaint filed by the defacto complainant in Crime No.241 of 2024 of Payyannur Police Station, Kannur. According to the complainant, on 07.03.2024, at 5.30 p.m., while he was working in the property of one Balagopalan, the accused took a wooden stick and assaulted him after restraining him and thereby committed the offences under Sections 341, 323 and 324 of the Indian Penal Code, 1860.

Sri. Anish Jose Antony, the learned counsel for the petitioner contended that the prosecution allegations are totally false and the same does not make out any of the offences alleged. It was further submitted that the complaint was filed five days after Crime No.235 of 2024 was registered by the petitioner against the complainant alleging offences under Sections 323, 324, 447, 427 and 506 r/w Section 34 of the Indian Penal Code, 1860. It is further submitted that the complaint against the petitioner is bereft of any materials to prove the commission of the offence and CRL.MC NO. 4360 OF 2024 4 therefore the invocation of the jurisdiction under Section 482 of Cr.P.C. is essential.

Smt. Sreeja V., the learned Public Prosecutor opposed the application and submitted that the case is only at the investigation stage and that the matter will have to be treated as a case and a counter case and without completing the investigation, the truth of the allegations cannot be probed into at this stage.

On a perusal of the FIR produced as Annexure-A4, it is seen that the petitioner is alleged to have assaulted the defacto complainant on 07.03.2024 using a wooden stick. The question whether the allegations are bereft of any merit or not will have to be probed into during investigation. When there factual disputes are raised, this court cannot interfere under Section 482 of Cr.P.C. especially when it is only at the stage of investigation. Accordingly, I find no merit in this Crl.M.C. and it is dismissed. RKM Sd/- BECHU KURIAN THOMAS, JUDGE CRL.MC NO. 4360 OF 2024 5 APPENDIX OF CRL.MC 4360/2024 PETITIONER'S ANNEXURES : Annexure A1 Annexure A2 Annexure A3 Annexure A4 Annexure A5 Annexure A6 TRUE COPY OF THE DISCHARGE CARD ISSUED FROM THE PAYYANNUR TALUK HOSPITAL DATED 11.03.2024 TRUE COPY OF THE FIR NO. 235/2024 DATED 09.03.2024 TRUE COPY OF THE FIS DATED 9.3.2024 ISSUED BY THE PAYYANNUR POLICE STATION TRUE COPY OF THE FIR NO. 241/2024 DATED 11.03.2024 BY THE PAYYANNUR POLICE THE 2ND RESPONDENT. TRUE COPY OF THE FIS NO.241/2024 DATED 11.03.2024 BY THE PAYYANNUR POLICE. THE 2ND RESPONDENT. TRUE COPY OF THE PLAINT FILED AS OS NO.64/2024 BY MR. K.A. BALAGOPALAN BEFORE THE HON.BLE MUNSIFF.S COURT PAYYANNUR