P KUNHUMUHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed under S.482 of the Code of Criminal Procedure to quash the order passed by the Sessions Judge, Tellicherry, in Crl. R. P. No. 14 of 1978 in confirmation of the order passed by the Judicial Magistrate of the II Class, Cannanore in Crl. M. P. No. 1970 of 1977 in C. C. No. 1327 of 1977.

(2.) On 14th August 1977 Susheela, an attender working in the Government Hospital, Cannanore, presented a petition before the Superintendent of the Hospital alleging that a person who came to the gate threatened and intimidated her and behaved in a disorderly and indecent manner and entered the Hospital, etc. The Superintendent held an enquiry and forwarded the petition to the Superintendent of Police who sent it to the concerned police station where a Sub Inspector of Police registered a case. The Head Constable investigated the case and ultimately a charge was laid under S.51A of the Kerala Police Act against the petitioner. Thereupon petitioner filed Crl. M.P. No. 1970 of 1977 praying for an order of discharge on several grounds. The petition was dismissed by a considered order and the dismissal was affirmed by the Sessions Judge. Intervention is now sought under S.482 of the Code of Criminal Procedure (for short the Code).

(3.) Learned counsel for the petitioner urged three contentions before me, namely, (1) that the offence alleged being a non cognizable one, the Police Officer had no authority to investigate the case and lay a charge sheet and hence the entire proceedings are null and void (2) that the allegations do not disclose an offence under S.51A of the Kerala Police Act and (3) that the records do not show that identity of the offender has been properly established.