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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
NAVIN JOSEPH MORISON – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. formation of case based on fir and related issues. (Para 1 , 2) |
| 2. court's exercise of discretion under section 482 crpc. (Para 3 , 7 , 8 , 9 , 10) |
| 3. arguments presented about marital disputes impacting allegations. (Para 5) |
| 4. conclusion on the dismissal of criminal application. (Para 11) |
O R D E R
The petitioners are the accused 1 and 2 in C.C. No.
2493/2015 on the file of the Court of the Judicial First Class Magistrate-II, Kollam, (‘Trial Court’, for short), which has arisen from Crime No. 1772/2015 registered by the Kollam East Police Station, Kollam District, alleging the commission of the offences punishable under Sections 294(b), 341 and 323 read with Section 34 of the Indian Penal Code.
2. The crux of the prosecution case is that:
On 16.02.2015, at around 23:00 hours, while the de facto complainant (second respondent) was going to the house of the first petitioner to meet his wife, who is the sister of the first petitioner and cousin of the second petitioner, the petitioners used abusive language and manhandled him. Thus, the accused have committed the above offences.
3. I have heard the learned Counsel appearing for the petitioners and the learned Public Prosec
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