This case arising from CC No.1449/2014 alleged offences against the petitioner. The High Court held that while intimidation under Section 506 IPC could stand, the other charges were factually unsustainable.
The offences under Sections 341, 353 and 294(b) read with Section 34 IPC levelled against the petitioner were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
FRIDAY, THE 11TH DAY OF MARCH 2016/21ST PHALGUNA, 1937
Crl.MC.No. 600 of 2016
CC 1449/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I, THRISSUR CRIME NO. 407/2014 OF TOWN EAST POLICE STATION, THRISSUR
PETITIONER(S)/ACCUSED NO.2:
YOHANNAN P.J., 55 YEARS OLD, S/O.JOSEPH P.C., PARAYIL HOUSE, MANNAMANGALAM P.O., DESAM, VILLAGE, THRISSUR TALUK AND DISTRICT.
BY ADV. SRI.M.J.POLLY
RESPONDENT(S)/STATE:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2. SUB INSPECTOR OF POLICE, THRISSUR TOWN EAST POLICE STATION, THRISSUR DISTRICT - 680 306.
BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
Crl.MC.No. 600 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES:
RESPONDENT(S)' ANNEXURES:
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
B. KEMAL PASHA, J.
Crl.M.C. No.600 of 2016
Dated this the 11th day of March, 2016
O R D E R
Petitioner is the 2nd accused in CC No.1449/2014
of the Judicial First Class Magistrate's Court-I, Thrissur, which has arisen from Crime No.407/2014 of Thrissur East Police Station, for the offences under Sections 341, 353, 294(b) and 506(i) read with Section 34 IPC. According to the petitioner, the present case has been falsely foisted against him with a view to dragging him to unnecessary criminal proceedings. A3 in the case is the wife of the petitioner. A1 is the husband of her sister.
altercation between A1 and A3 at the premises of the Jubilee Mission Hospital, Thrissur, with regard to the place
Crl.M.C.600/2016
: 2 :
to which the wife of the 1st accused, who is the sister of the 3rd accused, had to be taken on her discharge from the hospital. CW1 interfered and at that time, it is alleged that they had assaulted CW1 with a view to preventing him from the discharge of his official duties. It is alleged that by that time, the petitioner also reached the spot and intimidated CW1. Apart from that, there is no other allegation against the petitioner.
In the result, this Crl.M.C. is allowed in part and the
Crl.M.C.600/2016
: 3 :
offences under Sections 341, 353 and 294(b) read with Section 34 IPC levelled against the petitioner in the final report are hereby quashed. The petitioner can be proceeded against only for the offence under Section 506(i) IPC. In such case, the petitioner can take all the present contentions before the trial court at appropriate stage.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/11/03
// True Copy //
PA to Judge
2 issues framed by the court
Whether the offences under Sections 341, 353, and 294(b) IPC read with Section 34 IPC can be sustained against the petitioner.
Whether the petitioner can be proceeded against only for the offence under Section 506(i) IPC.
2 provisions across 1 enactments
YOHANNAN P.J.
STATE OF KERALA
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
