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Chandran Chandroth vs State Of Kerala

High Court Of Kerala|04 November, 2014
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JUDGMENT / ORDER

The petitioner herein seeks orders quashing the FIR as against him in Crime No. 718/2012 of the Thalassery Police Station, registered under Sections 294 and 506(i) IPC, on the complaint of one Praveen, who is the 2nd respondent herein. It appears that there is some personal dispute or civil dispute between the petitioner herein and the 2nd respondent. Annexure- I is the copy of the complaint, on the basis of which crime was registered. This complaint shows that in connection with the pending civil or personal dispute, the petitioner herein scolded the complainant, and he also threatened that he will have to suffer the consequences, if he did not withdraw the case filed by him. It is not known, and it is also not explained in the complaint, what the said case is, or how criminal intimidation was made. Merely on the allegation that the petitioner scolded the complainant, a crime cannot registered under Section 294 IPC. Annexure-I complaint does not also contain definite materials to Crl.M.C.. No. 310/2013 2 attract a prosecution under Section 506(i) IPC. The complainant who made Annexure-I complaint is the 2nd respondent herein. In spite of notice in this proceeding, he remained absent. It appears that he is not interested, or he knows that his complaint is baseless. 2. On a perusal of the Annexure-I complaint, which led to the alleged crime, I find nothing to make out the offence under Section 294(b) IPC or under Section 506(i) IPC. Accordingly, I find that the FIR is liable to be quashed.
In the result, this petition is allowed. The FIR and further proceedings against the petitioner herein in Crime No.718/2012 of the Thalassery Police Station, will stand quashed under Section 482 Cr.P.C.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE
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Title

Chandran Chandroth vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
04 November, 2014
Judges
  • P Ubaid
Advocates
  • C P Peethambaran Smt Mini