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IN THE HIGH COURT OF KERALA AT ERNAKULAM
CS DIAS, J
RAJESH P – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. allegations stem from a personal dispute involving money. (Para 1 , 2 , 4) |
| 2. opposition highlights the adequacy of evidence in the prosecution. (Para 5) |
| 3. discussion on limits of court's powers to quash based on prima facie circumstances. (Para 6 , 7 , 8 , 9 , 10) |
| 4. the inherent powers not exercised due to lack of justification for complaint quashing. (Para 11) |
ORDER
Dated this the 17th day of October, 2025
The petitioner is the accused in C.C.No.1835/2019 on the file of the Court of the Judicial First-Class Magistrate – II, Neyyattinkara, which originates from Crime No.397/2015 of the Thiruvallam Police Station, for allegedly committing the offences punishable under Sections 294 (b), 323, 447 and 506 (i) of the Indian Penal Code . Although in Annexure I FIR the offences under Sections 13 and 17 of the Kerala Money Lenders Act, 1958, were included, in Annexure III final report, the said offences were deleted.
2. The gravamen of the prosecution's case is that, on 28.02.2015, at about 14.30 hours, the petitioner caught hold of defacto complainant’s shirt, abused him in vulgar language, slapped him on his cheek, beat him on his left eyebrow, kicked him on his right
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