2025:KER:2375 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 20TH DAY OF MARCH 2025/29TH PHALGUNA, 1946 CRL.MC NO.2608 OF 2025 CRIME NO.630/2021 OF KORATY POLICE STATION, THRISSUR AGAINST THE ORDER/JUDGMENT DATED IN CC NO.974 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHALAKUDY PETITIONER/2 ND ACCUSED ADWAITH T.R., AGED 22 YEARS, S/O. RAMANKUTTY, THAIPARAMBIL HOUSE, MUKUDI DESOM, THANDIPPARA VILLAGE, RAJAKKAD, IDUKKI, PIN - 685566 BY ADV SHABU SREEDHARAN RESPONDENT/COMPLAINANT STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:23758 Crl.MC No.2608 of 2025 2 ORDER The petitioner is the second accused in C.C. No.974 of 2021 pending on the files of the Judicial First Class Magistrate Court, Chalakudy. The case originated from Crime No.630 of 2021 registered at the Koratty Police Station alleging commission of offences punishable under Sections 511 and 363 r/w Section 34 of IPC. The crime is registered on the allegation that the petitioner, along with the other accused, attempted to kidnap the de facto complainant from near the HDFC ATM counter in Koratty. The petitioner is seeking to get the proceedings against him quashed on the ground that, even if the allegations are accepted in their entirety, the offence of kidnapping is not made out. 2. Learned Counsel for the petitioner contended that in order to attract the offence of kidnapping, either the victim should be a minor or should have been taken outside India. It is the further contention of the learned Counsel that the inconsistencies in the prosecution 2025:KER:23758 Crl.MC No.2608 of 2025 3 case itself is sufficient indication of its falsity. 3. Learned Public Prosecutor would contend that attempt to kidnap being the offence alleged, the contention urged on behalf of the petitioner cannot be countenanced. 4. In spite of the valiant efforts of the learned Counsel for the petitioner, this Court is also of the opinion that the argument as to the inapplicability of Section 363 of IPC cannot be entertained, the allegation being attempt to kidnap and not kidnapping. Moreover, the other contentions call for appreciation of evidence, which cannot be done in exercise of the power under Section 528 of BNSS. The Crl.MC is hence closed, reserving the petitioner’s right to raise all contentions, including those raised in this Crl.MC, before the trial court. Sd/- V.G.ARUN JUDGE Cak 2025:KER:23758 Crl.MC No.2608 of 2025 4 APPENDIX OF CRL.MC 2608/2025 PETITIONER’S ANNEXURES ANNEXURE-1 THE TRUE COPY OF THE FIR WITH THE FIS DATED 18.7.2021 IN THE CRIME NO. 630/2021 OF KORATTY POLICE STATION ANNEXURE-2 THE TRUE COPY OF THE CHARGE SHEET DATED 31.8.2021 N THE CRIME NO. 630/2021 OF KORATTY POLICE STATION ANNEXURE-3 THE TRUE COPY OF THE MAHAZAR DATED 19.7.2021 ANNEXURE-4 THE TRUE COPY OF THE STATEMENTS OF WITNESSES