K.P.MADHU Vs. V.S.NAWAS
LAWS(KER)-2016-6-74
HIGH COURT OF KERALA
Decided on June 06,2016

K.P.Madhu Appellant
VERSUS
V.S.Nawas Respondents




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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