JUDGEMENT
RAJA VIJAYARAGHAVAN V, J. -
(1.)The petitioners are the accused Nos.1 and 2 in C.C.No.705/2015 on the files of the Judicial First Class
Magistrate Court, Thripunithura . This petition is filed
under S.482 of the Code of Criminal Procedure with a
prayer to quash all further proceedings in the aforesaid
case on the ground that the institution of the criminal
proceeding is manifestly attended with mala fides and to
spite the petitioners.
(2.)A synoptic resume of the prosecution case, as is borne out from Annexure A 1 final report is as under : -
On 1.4.2006, at 12.35 p.m., while the respondents No
1 to 3 , who are police officers attached to the Hill Palace Police Station were checking vehicles , the 1st petitioner
came in Motor Cycle bearing registration No KL 7 BB 1624
in a rash and negligent manner with the 2nd petitioner
sitting on the pillion. The vehicle was intercepted by the
respondents 1 to 3 and when the petitioners were asked
to show the registration papers of the vehicle , the 1st
petitioner is alleged to have abused the 1st respondent. It
is further alleged that the petitioners had physically
attacked the 1st and 2nd respondents and thereby
committed the offences.
(3.)Immediately after the incident, the 1st respondent who at that time was a Sub Inspector of Police , gave a statement
before the Sub Inspector of Police , Hill Palace Police
Station, based on which Crime No.220/2006 was
registered for offence under S. 353, 332, 225(b), 294(b),
427 r/w S.34 of the IPC and under S.184 of the Motor Vehicles Act. After concluding the investigation , Annexure
A1 final report was laid before the jurisdictional
Magistrate.
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