IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 14TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941
Crl.MC.No.8822 OF 2019(C)
AGAINST THE ORDER/JUDGMENT IN CC 601/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -V,KOZHIKODE
CRIME NO.276/2018 OF Beypore Police Station , Kozhikode
PETITIONER:
SALEEM C H,
AGED 54 YEARS
S/O. HAMSA, KANAKAVEL GADEN, ALAPPUZHA.
BY ADVS.
SRI.PHILIP T.VARGHESE
SRI.THOMAS T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.
2 THE STATION HOUSE OFFICER
BEYPORE POLICE STATION, KOZHIKODE-673 015.
3 SAFREENA BAITH
AGED 36 YEARS
D/O. AKBAR SHAH, MEENCHANDA, ARTS COLLEGE P.O.,
BEYPORE, KOZHIKODE-673 015.
SANTHOSH PETER
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.8822 OF 2019(C)
2
O R D E R
Dated this the 14th day of January 2020
This is a proceedings under Section 482 of the Code of
Criminal Procedure seeking orders to quash the Final Report in CC No.
601/2019 on the files of the Judicial Magistrate of the First Class V,
Kozhikode. The petitioner is accused in the case, registered under
Section 498A of the Indian Penal Code. The case aforesaid is one
registered on a complaint lodged by the third respondent, the wife of
the petitioner, alleging that the petitioner has subjected her to cruelty
during the period when she was residing with the petitioner.
2. Heard the learned counsel for the petitioner as also
the learned Public Prosecutor.
3. I have perused the statement given by the third
respondent, on the basis of which the crime was registered and also
the evidence collected by the investigating agency. The case set out
by the petitioner is only that the allegations are false. The petitioner
has no case that the allegations, if true, would not make out a case
under Section 498A of the Indian Penal Code. The correctness or
otherwise of the allegations is not a matter to be looked into in a
proceedings of this nature. It is a matter to be seen at the time of trial.
Crl.MC.No.8822 OF 2019(C)
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In the said view of the matter, there is no merit in the Crl.
MC and the same is, accordingly, dismissed.
Sd/-
P.B.SURESH KUMAR
Nsd JUDGE
//true copy//
PA to Judge
Crl.MC.No.8822 OF 2019(C)
4
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF FIRST INFORMATION REPORT
IN CRIME NO.276/2018 OF BEYPORE POLICE
STATION DATED 4.12.2018.
ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT IN CRIME
NO.276/2018 OF BEYPORE POLICE STATION
PENDING AS C.C.NO.601/2019 IN JUDICIAL
FIRST CLASS MAGISTRATE COURT V, KOZHIKODE.
ANNEXURE A3 TRUE COPY OF MEMORANDUM OF EVIDENCE IN
CRIME NO.276/2018 OF BEYPORE POLICE
STATION.
ANNEXURE A4 TRUE COPY OF STATEMENTS OF CWS 1 TO 10 IN
CRIME NO.276/2018 OF BEYPORE POLICE
STATION.
