AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
6 paragraphs · 205 wordsDr. Kauser Edappagath, J
This Crl.M.C has been filed to quash further proceedings in C.C.No.1022/2019 on the files of the Judicial First Class Magistrate Court, Angamaly.
The petitioner is the accused. The 2nd respondent is the defacto complainant. The offence alleged against the petitioner is under Section 354A(i) of IPC.
The incident took place inside the flight. Both the petitioner and the 2nd respondent were travelers in Indigo Flight 6E 1735 on 31.5.2019 from Abudabi to Kochi. The prosecution case is that, during the travel, at 10.30 am, the accused with culpable intention touched on the body of the 2nd respondent.
I have heard Smt. K. Rajeswary, the learned counsel for the petitioner and Smt. Neema, the learned Senior Public Prosecutor.
The learned counsel for the petitioner submitted that even if the entire allegations are taken at face value, they did not constitute the offence alleged under Section 354 of the IPC. I went through the first information statement (FIS). There are clear allegations in the FIS to attract the ingredients of Section 354 A(i) of the IPC. When prima facie case is made out, the jurisdiction vested under Section 482 of Cr.P.C cannot be invoked. Accordingly, the Crl.M.C is dismissed.