MOOSA VALIKKADAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner who is a member of the Kerala State Police Force and who was working at the relevant time as the Sub Inspector of Police, Ponnani, seeks to quash the cognizance taken and the summons issued to him by the J.F.C.M. I, Ponnani in S.T. No. 330 of 2008 for offences punishable under Sections 323 and 453 I.P.C. The aforesaid S.T. Case arose out of Annexure Aprivate complaint filed by the 2nd respondent herein (Smt. Majida, A.M.) who is a lady Advocate practicing at Ponnani. THE PROSECUTION CASE

(2.) The case of the prosecution as alleged in Annexure Aprivate complaint can be summarised as follows: On 19-2-2008 at about 11 a.m. when the complainant Advocate was discussing a matter with her clients including one Moideen in her office at Gym Road, Ponnani, the accused Sub Inspector of Police, Ponnani barged into her office room without her permission and asked his police party to take her clients as well as the complainant into custody. When the complainant and her husband obstructed the above attempt, an altercation took place between her and the accused in the course of which the accused called her obscene words and gave her a push on her shoulder. Thereafter the complainant's clients including Moideen (three in number) were taken into custody and carried in the police jeep. When the jeep reached the main road two of her clients were let off but Moideen was taken away in the jeep. The accused has thereby committed offences punishable under Sections 294 (b), 447, 452 and 323 I.P.C. THE COGNIZANCE

(3.) The learned Magistrate took cognizance only of the offences punishable under Sections 453 and 323 I.P.C. and issued summons to the petitioner. It is the said order which is assailed in this Crl.M.C. filed under Sec. 482 Cr.P.C. THE DEFENCE OF THE ACCUSED POLICE OFFICER