Shelly O.F vs State Of Kerala
2021 Latest Caselaw 317 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE P.SOMARAJAN

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                       Crl.MC.No.4038 OF 2020(D)

 AGAINST THE ORDER/JUDGMENT IN CC 297/2020 OF JUDICIAL MAGISTRATE
                 OF FIRST CLASS -II, MANANTHAVADY

     CRIME NO.219/2020 OF THIRUNELLY POLICE STATION, WAYANAD


PETITIONER/ACCUSED:

                SHELLY O.F, AGED 51 YEARS
                S/O. FRANCIS, OTTARAKKAL HOSUE, MAKALAYAM P.O.,
                KANNUR DISTRICT.

                BY ADV. SRI.RAJIT

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
                KERALA.

      2         MELBIN MANUVEL
                AGED 35 YEARS
                NADUVATHANIYIL HOUSE, KOLAKKAD P.O., THIRUNELLI,
                KANNUR DISTRICT-670 673.


     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD               ON
06.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.4038 OF 2020(D)                2




                                   ORDER

The petitioner is the sole accused in

C.C.297/2020 of JFCM-II, Mananthavady and the

Crime No.219/2020 of Thirunelvelli Police Station

under Sections 341,323 IPC. The case of

prosecution is that on 16.04.2020 at about 7.30

p.m, a lorry driven by the second respondent

forcibly stopped by the accused under the guise of

inspection with the sole aim to get gratification,

which was refused by the defacto complainant.

Thereon, the petitioner assaulted the defacto

complainant, wrongly restrained him and caused to

register a crime against him so as to wreck

vengeance. Investigation is completed and final

report submitted alleging offence both under

Sections 341 and 323 IPC. As such, there is no

material before this court so as to exercise the

inherent power under Section 482 Cr.P.C. The

learned Magistrate shall consider any application

for exemption from appearance, taking into account

of his employment as AMVI. Without prejudice to

the right of petitioner to take up all defences at

the proper stage of proceedings, the present

Crl.M.C. is hereby dismissed.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE COMPLAINT PREFERRED BY THE 2ND RESPONDENT.

ANNEXURE A2 TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE POLICE IN CRIME NO.219/2020 OF THIRUNELLI POLICE STATION.

//TRUE COPY//

P.A. TO JUDGE