2025:KER:26341 Crl.M.C.No.4427/2020 -:1:- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 CRL.MC NO. 4427 OF 2020 AGAINST THE ORDER IN CC NO.52 OF 2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, IDUKKI PETITIONER/2ND ACCUSED: DR. AMAL, AGED 28 YEARS S/O. SUKUMARAN, RESIDING AT KALLURAMPIL HOUSE, NEW GOVT. HIGH SCHOOL, CHURULIKARA, KANJIKUZHI VILLAGE, CHELACHUVAD P. O., IDUKKI DISTRICT, PIN - 685 606. BY ADV C.R.SIVAKUMAR RESPONDENTS/COMPLAINANT & ACCUSED 1: 1 JOSEPH, AGED 71 YEARS, S/O. AGASTHI, RESIDING AT MANATHOOR HOUSE, KOCHUCHELLACHUVADU KARA, KANJIKUZHI VILLAGE, ALAPARA P. O., IDUKKI DISTRICT, PIN - 685 606. 2 SOPHIA, AGED 52 YEARS, W/O. JOSEPH, VELLAMTHADATHILL, ALAPARA P. O., KANJIKUZHI VILLAGE, IDUKKI DISTRICT, PIN - 685 606. 3 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. SMT. SEETHA S., SR. PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:26341 Crl.M.C.No.4427/2020 -:2:- O R D E R The petitioner is the accused in C.C.No.52/2020 on the files of the Judicial First Class Magistrate Court-I, Idukki. The aforesaid case originated on a complaint filed by the first respondent herein, before the learned Magistrate on 09.05.2019, alleging the commission of offences under Sections 323, 341 & 294(b) read with Section 34 of the Indian Penal Code, 1860 (in short, ‘IPC'). 2. The allegation in the aforesaid complaint is that, on 05.02.2018, at about 3:00 pm, the accused obstructed the maintenance work of a pathway being used by the complainant, and resorted to physical assault and verbal abuse upon the de facto complainant. 3. The learned Magistrate, as per order dated 16.01.2020, found that there are sufficient grounds to proceed against the petitioner herein, and accordingly, took the complaint to files as C.C.No.52/2020 and issued summons to the petitioner. 4. In the present petition, the main challenge raised by the petitioner is that the cognizance taken by the learned Magistrate is hopelessly barred by limitation. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala. 2025:KER:26341 Crl.M.C.No.4427/2020 -:3:- 6. As already stated above, the first respondent had filed the complaint before the learned Magistrate on 09.05.2019 in respect of an incident which took place on 05.02.2018. The offences alleged are under Sections 323, 341 & 294(b) read with Section 34 of the IPC. Thus, obviously, the complaint had been filed beyond the period of one year, which is the period prescribed under Section 468(2)(b) of the Cr.PC for instituting complaints in respect of the offences punishable with imprisonment upto one year. The learned counsel for the petitioner has produced the certified copy of the order passed by the learned Magistrate on 16.01.2020, directing the issuance of summons to the petitioner. Nothing is stated in the aforesaid order as to the condonation of the delay in the filing of this complaint. Therefore, the prosecution initiated against the petitioner is apparently barred by limitation. Needless to say that the prayer in this petition to quash the proceedings against the petitioner, is well founded. In the result, the petition stands allowed. The proceedings against the petitioner in C.C.No.52/2020 on the files of the Judicial First Class Magistrate Court-I, Idukki, are hereby quashed. (Sd/-) G. GIRISH, JUDGE DST/27.03.25 2025:KER:26341 Crl.M.C.No.4427/2020 -:4:- APPENDIX PETITIONER ANNEXURES ANNEXURE A1 THE CERTIFIED COPY OF THE COMPLAINT IN CC NO.52/2020 ON THE FILE OF THE JFCM COURT - 1, IDUKKI DATED 09.05.2019. ANNEXURE A2 THE TRUE COPY OF THE SUMMONS ISSUED BY HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, IDUKKI DATED 05.03.2020. ANNEXURE A3 THE TRUE COPY OF THE FINAL REPORT IN CC NO.170/18 DATED 24.02.2018. ANNEXURE A4 THE TRUE COPY OF THE DEPOSITION OF THE PETITIONER IN CC NO.170/2018. ANNEXURE A5 THE TRUE COPY OF THE FINAL REPORT IN CC NO.171/2018 DATED 12.02.2018. ANNEXURE A6 A TRUE COPY OF THE ORDER PASSED IN CMP NO. 966/2019 IN CC NO. 52/2020 HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT - IDUKKI ON 16/01/2020