DR.PRAMOD JOHN [PETITIONER/ACCUSED] Vs. STATE OF KERALA [RESPONDENT/COMPLAINANT ]
CRL.MC NO. 1262 OF 2024
(BECHU KURIAN THOMAS, J.)
Facts: Petitioner challenges the proceedings in C.C. No.1504 of 2017 on the files of Judicial First Class Magistrate’s Court- IX, Ernakulam. Petitioner is facing an indictment for the offence under section 20(3) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The prosecution alleges that on 30.11.2016 petitioner had without taking care of his father while residing at Ernakulam, put him in a taxi and sent him off to Thiruvananthapuram when he was not able to take care of himself and was suffering from old age diseases and thereby abandoned the parent and committed the offence under the Act.
Issue: Whether the petitioner is guilty of the offence under section 20(3) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007?
Arguments on behalf of counsel for petitioner:
Sri. K.R.Vinod, learned counsel for the petitioner, contended that the prosecution allegations are totally false and do not make out any of the offences alleged. It was further submitted that the complaint was filed by the sister of the petitioner, who is the daughter of the senior citizen, that too after three months of the alleged incident, and the reason behind the filing of the complaint is totally malafide.
Arguments on behalf of counsel for respondent:
Sri.M.C.Ashi, learned Public Prosecutor on the other hand contended that the allegations are required to be adjudicated after trial and therefore invocation of section 482 Cr.P.C ought not to be entertained
Held: The court allowed the present petition and held that, “The term ‘abandoning’ requires total neglect. The said term when prefixed by the word ‘wholly’ indicates absolute and complete abandonment. The word ‘wholly’ is explained in P Ramanatha Aiyer’s Law Lexicon 4th Edition as “entirely, completely, fully, totally and in every respect”. Thus, unless there is a total and complete abandonment of the parent by leaving him in a place without any arrangement for taking care of the senior citizen, the offence cannot be said to have been committed. The transportation of a parent between the children could be for various purposes and even based on an understanding arrived at either between the children or between the parent and the child.”
