G.Santhoshkumar vs State Of Kerala
2022 Latest Caselaw 3884 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
     TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                        CRL.MC NO. 4015 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 1201/2020 OF JUDICIAL MAGISTRATE
                       OF FIRST CLASS -I,THRISSUR
PETITIONER/ACCUSED:

          G.SANTHOSHKUMAR
          AGED 50 YEARS
          S/O. P.K.BABU, PULLAVILAPADINJETTATHIL HOUSE,
          KADAYIRUPPU P.O., EZHUPPURAM KARA, KOLENCHERY,
          ERNAKULAM DISTRICT,PIN-682 311
          BY ADV BENNY VARGHESE


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
          ERNAKULAM
    2     JOSMI JAMES
          AGED 39 YEARS
          D/O. CHACKO, VELLIMANGALAM HOUSE, KURAVILANGAD P.O.,
          KOTTAYAM DISTRICT,PIN-686 636


          SMT T V NEEMA -SR PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 4015 OF 2021


                                     -2-

                              ORDER

This Crl.M.C. has been filed to quash all further proceedings in

C.C.No.1201/2020, on the file of Judicial First Class Magistrate Court-

I, Thrissur.

2. The petitioner is the accused. The offence alleged against the

petitioner is under Section 354 of the IPC.

3. The prosecution case in short is as follows:- On 10.05.2019, at

2.20 a.m., the de-facto complainant was travelling to Mysore from

Kottayam in the K.S.R.T.C, Scannia bus No.663. While she was

sleeping in seat No.9, the petitioner who was the conductor-cum-

driver in the bus, was sitting near the seat of the de-facto complainant,

caught on the breast of the de-facto complainant and sexually abused

her and thereby committed the offence.

4. I have heard Sri. Benny Varghese, the learned counsel for the

petitioner and Smt. T.V.Neema, the learned Senior Public Prosecutor.

5. Paragraph No.2 of Annexure 3 produced along with the

Crl.M.C. would show that the de-facto complainant by e-mail

intimated the Investigating Officer that she is not interested to CRL.MC NO. 4015 OF 2021

continue with the proceedings and requested to terminate the

proceedings initiated against the petitioner. The learned Senior Public

Prosecutor on instructions submits that the de-facto complainant has

already left to Italy and she is not interested to proceed with the

matter. Hence, I am of the view that no purpose will be served in

proceeding with the matter further. Accordingly, all further

proceedings in C.C.No.1201/2020 of the Judicial First Class

Magistrate Court-I, Thrissur, is hereby quashed.

The Crl.M.C. is disposed of as above.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE

uu 06.04.2022 CRL.MC NO. 4015 OF 2021

APPENDIX OF CRL.MC 4015/2021

PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME 791/2019 OF THRISSUR TOWN EAST POLICE STATION Annexure A2 CERTIFIED COPY OF THE CHARGE IN CC NO.1201/20 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THRISSUR Annexure A3 THE CERTIFIED COPY OF THE SEIZER MAHAZAR SEIZING THE EMAIL SENT TO THE INVESTIGATING OFFICER BY THE 2ND RESPONDENT PRODUCED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, THRISSUR