The petitioner is the accused in C.C.No.1913 of 2017 on the file of the Judicial First Class Magistrate Court-I, Thrissur. He is alleged to have committed the offence under Section 506 (1) IPC. The proceedings are sought to be quashed on the ground that it is a non-cognisable offence.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. The case was registered for the offences under Sections 294 (b), 497 and 506 (1) IPC. It is well settled that if the F.I.Statement discloses commission of a non-cognisable offence, the investigation is not vitiated even though the investigation reveals that only a non-cognisable offence has been committed. In this case, only Section 294 (b) shown in Annexure A2 FI Statement is a cognizable offence. The offence under Sections 497 and 506 (1) IPC are non-cognisable Crl.M.C. No.2223 of 2018 offence. It is seen from Annexure A1 F.I.statement that there is only a general allegation that the petitioner uttered obscene words. That does not attract the offence under Section 294 (b) IPC. So the investigation was illegal. The proceedings are liable to be quashed. In the result, this Crl.M.C. is allowed. The proceedings in C.C.No.1913 of 2017 on the file of the Judicial First Class Magistrate Court-I are quashed. Sd/- K. ABRAHAM MATHEW JUDGE Scl/05.04.18
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