2025:KER:27637 Crl.M.C.No.3973 of 2019 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 CRL.MC NO.3973 OF 2019 CRIME NO.1391/2017 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM IN CC NO.1726 OF 2017 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM PETITIONER/ACCUSED: RESHMA.R.NAIR AGED 29 YEARS, D/O VIJAYA NAIR, FLAT NO.15 B, ARTECH DEEPAM FLAT, MUGHAKKAD LANE, ANAYARA, THIRUVANANTHAPURAM, AND NOW RESIDING AT SCTNRA-28, SCT CORNER, CHALAKKUZHY ROAD, PATTOM P.O., THIRUVANANTHAPURAM, PIN CODE - 695 004. BY ADVS. D.GANESH KUMAR PUBLIC PROSECUTOR RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 SMITHA N RAJ, D/O NIRMALA, AGED 32 YEARS, SMITHA BHAVAN, PINATTUVILA, KAKKAMOOLA, KALLIYOOR, THIRUVANANTHAPURAM PIN CODE - 695 042, AND NOW RESIDING IN A RENTED HOUSE AT “BEENA BHAVAN” NEAR THAIVILAKULAM, THIRUMALA, THIRUVANANTHAPURAM, PIN 695 006. 2025:KER:27637 Crl.M.C.No.3973 of 2019 -2- BY ADV. SMT SEETHA S, SR PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:27637 Crl.M.C.No.3973 of 2019 -3- G. GIRISH, J. ----------------------------- Crl.M.C.No.3973 of 2019 ----------------------------------------- Dated this the 1st day of April, 2025 ORDER No representation from the petitioner for the second consecutive posting date. 2. The petitioner is the accused in C.C. No.1726 of 2017 on the files of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram. The allegation against her is that she committed the offence punishable under Sections 294(b), 341 and 323 IPC. In the present petition, the petitioner seeks to quash the proceedings against her in the said case. 3. The prosecution case is that on 28.06.2017 at about 5.10 pm, the petitioner wrongfully restrained the defacto complainant, inflicted voluntary hurt and verbally abused her, when the defacto complainant complained about the defective stitching of her churidar tops by the petitioner. The case has been registered by the Sub Inspector of Police, Medical College Police Station, Thiruvananthapuram, on the basis of the First Information Statement given by the defacto 2025:KER:27637 Crl.M.C.No.3973 of 2019 -4- complainant. After the completion of the investigation, the Sub Inspector of Police, Medical College Police Station, Thirvananthapuram, laid the Final Report alleging the commission of the aforesaid offences. 4. Heard the learned Public Prosecutor representing the 1st respondent. 5. The Final Report and the accompanying records produced by the investigating agency would go to show that all the necessary materials required for establishing the charge levelled against the petitioner have been mobilised by the prosecution. The incident involved in this case is sought to be established through the oral testimonies of CWs 2 to 5. It is not possible to say that the allegations levelled against the petitioner would not constitute the offence of wrongful restraint envisaged under Section 341 IPC, and inflicting voluntary hurt under Section 323 IPC. The petitioner has to face the trial before the learned Magistrate. The inherent powers under Section 482 Cr.P.C. cannot be invoked in a case like this where the investigating agency has garnered necessary evidence to substantiate the charge levelled against the petitioner. Therefore, the prayer in this 2025:KER:27637 Crl.M.C.No.3973 of 2019 -5- petition to quash the proceedings, cannot be allowed. In the result, the petition is hereby dismissed. Sd/- G. GIRISH JUDGE ded 2025:KER:27637 Crl.M.C.No.3973 of 2019 -6- APPENDIX OF CRL.MC 3973/2019 PETITIONER ANNEXURES ANNEXURE 1 CERTIFIED COPY FIR SUBMITTED BY MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM DISTRICT IN CRIME NO 1391, OF 2017 BEFORE THE DISTRICT AND SESSION COURT, THIRUVANANTHAPURAM ANNEXURE 2 REPORT DATED 17.8.2017 SUBMITTED BY ASSISTANT COMMISSIONER OF POLICE CYBER CITY SUBDIVISION KAZHAKKUTTAM, THIRUVANANTHAPURAM ANNEXURE 3 CERTIFIED COPY OF FINAL REPORT SUBMITTED BY MEDICAL COLLEGE POLICE STATION THIRUVANANTHAPURAM DISTRICT IN CRIME NO 1391 OF 2017 NOW PENDING ON THE FILE OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM AS CCNO 1726 OF 2017