IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2197 of 2006()
1. S. SASI, RADHA VILASOM, T.C.7/1557,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. PRASANNAKUMARAN NAIR,
For Petitioner :SMT.P.A.ANITHA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :04/12/2006
O R D E R
R.BASANT, J
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Crl.M.C.No.2197 of 2006
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Dated this the 4th day of December 2006
O R D E R
The petitioner is the accused in a prosecution under Section 294
(b) and 506(1) I.P.C. Cognizance has been taken on the basis of a
final report submitted by the police after investigation. After
appearing before the learned Magistrate, the petitioner has come to
this court with the prayer that the prosecution may be quashed by
invoking the powers under Section 482 Cr.P.C.
2. What is the reason? The learned counsel for the petitioner
only submits that the allegations raised are false. It is further
submitted that the precise words which allegedly were obscene
having not been specifically extracted in the charge, the allegation
under Section 294B I.P.C will not stand. I have gone through the
charge filed. In any view of the matter, I find no merit in the
contention that powers under Section 482 Cr.P.C can or ought to be
invoked atleast in so far as the prosecution under Section 506(1) I.P.C
is concerned. I am, in these circumstances, not satisfied that this
Criminal Miscellaneous Case deserves to be allowed. It is for the
petitioner to appear before the learned Magistrate and raise all
relevant contentions in the course of the trial.
3. This Criminal Miscellaneous Case is in these
circumstances dismissed.
(R.BASANT, JUDGE)
jsr
Crl.M.C.No. 2
Crl.M.C.No. 3
R.BASANT, J
C.R.R.P.No.
ORDER
21ST DAY OF JULY 2006