The High Court of Kerala dismissed a petition seeking quashing of proceedings under Section 482 Cr.P.C. The court held that prima facie evidence existed for an offence under Section 118(a) of the Kerala Police Act based on witness statements.
Criminal Miscellaneous Case No. 468 of 2020 denied relief and was dismissed.
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 ASHOK MENON
WEDNESDAY, THE 04TH DAY OF MARCH 2020 / 14TH PHALGUNA, 1941
Crl.MC.No.468 OF 2020(G)
AGAINST THE ORDER/JUDGMENT IN CC 922/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS-II,ATTINGAL
CRIME NO.694/2019 OF Mangalapuram Police Station, Thiruvananthapuram
PETITIONER/ACCUSED:
BIJU, AGED 45 YEARS, S/O. GOPALA PILLAI, DEVANANDANAM, KAPPACHIRA, KOLIYAKODE, KOLIYAKODE VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 STATION HOUSE OFFICER, MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM - 695 317.
OTHER PRESENT:
SRI RAMESH CHAND, PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.468 of 2020
2
O R D E R
Dated this the 4th day of March 2020
The petitioner is the sole accused in
C.C.No.922/2019 on the files of the Judicial First
Class Magistrate Court-II, Attingal, for having allegedly committed the offences punishable under
Section 118(a) of the Kerala Police Act. It is
stated that in connection with Crime No.692/2019 of
Mangalapuram Police Station the petitioner was subjected to medical examination for drunken driving
and after he was brought to the police station, he
committed offences under Section 118(a) of the
K.P.Act by disorderly behaving in the police station
premises. The learned Counsel appearing for the petitioner submits that even as per the charge sheet
at Annexure A2, the specific allegation is that he
was found behaving in a disorderly manner from the
camera installed in the police station. It is true
that the First Information Report and the final
Crl.M.C.No.468 of 2020
3
report, in the first instance, would indicate that he was found to be behaving in a disorderly manner in
the camera installed. But from the statement that is produced along with the final report, at least one of
the witnesses cited by the police, named, P.Jayachandran, has specifically stated that he actually saw the accused behaving in a disorderly manner in the police station. Therefore, prima facie , an offence under Section 118(a) of the Act is made out and therefore the prayer of the petitioner to quash the proceedings under Section 482 of Cr.P.C.
cannot be entertained at this stage. In the result, the Crl.M.C. is dismissed.
Sd/-
dkr
ASHOK MENON
JUDGE
Crl.M.C.No.468 of 2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 COPY OF THE FIR IN CRIME NO. 694/2019 MANGALAPURAM POLICE STATION ANNEXURE A2 COPY OF THE FINAL REPORT IN CRIME NO. 694/2019 OF MANGALAPURAM POLICE STATION
1 issue framed by the court
Whether the prayer to quash proceedings under Section 482 of Cr.P.C. should be entertained when evidence indicates a prima facie offence was committed.
2 provisions across 2 enactments
BIJU
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
