Sasi vs David
2021 Latest Caselaw 9655 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                      Crl.MC.No.8032 OF 2018(D)

AGAINST THE ORDER/JUDGMENT IN CC 301/2015 OF JUDICIAL FIRST CLASS
                 MAGISTRATE COURT, CHOTTANIKKARA


PETITIONER/ACCUSED:

             SASI, AGED 42 YEARS,
             S/O KUTTAPAN, PLAKKIYIL HOUSE,
             KOKKAPALLY, THIRUVANIYOOR VILLAGE.

             BY ADVS.
             SRI.M.REVIKRISHNAN
             SRI.VIPIN NARAYAN

RESPONDENTS/COMPLAINANT & STATE:

      1      DAVID, AGED 81 YEARS,
             S/O PATHROSE, THOPPIL HOUSE,
             KODUMBOOR KARA, KOKKAPPILLY,
             THIRUVANIYOOR VILLAGE,
             PIN- 680305

      2      STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.

             R1 BY ADV. SRI.MATHEW ABRAHAM (OLIYIL)
             R1 BY ADV. SRI.R.SAJEEV

             PUBLIC PROSECUTOR SRI.RAMESH CHAND

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD         ON
23.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.8032 OF 2018(D)            2




                                 ORDER

The imputation contained in a complaint

submitted before the Home Minister against the

first respondent taken as a ground to extend

criminal liability under Section 500 IPC by lodging

a complaint before the concerned Magistrate, over

which cognizance was taken, which is under

challenge. There is no publication. Hence, it

would squarely come under the purview of 8th

Exception to Section 499 IPC. It will not serve

any purpose if it is proceeded further and would be

an abuse of process of the court. The complaint

and the cognizance taken thereof hence is quashed.

Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S ANNEXURE:

ANNEXURE-A TRUE COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT BEFORE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE, CHOTTANIKKARA.

RESPONDENTS ANNEXURE:NIL

//TRUE COPY//

P.A. TO JUDGE