SOLOMON Vs. S I OF POLICE

JUDGEMENT

(1.) PETITIONERS are accused Nos.1 to 3 in Crime No.842 of 2008 of Konni Police Station and C.C.No.16 of 2010 of the court of learned Judicial First Class Magistrate-II, Pathanamthitta for offences punishable under Sec. 332 r/w Sec.34 of the Indian Penal Code (for short, "the IPC") and Secs.184, 185, 188 of the Motor Vehicles Act (for short, "the Act"). Prosecution case is that on 31.12.2008 at about 9.15p.m petitioners 1 and 2 sitting on the back seat and the third petitioner who was allegedly drunk drove the car involved in the case along public road and on seeing the car coming, the first respondent along with other policemen who was on official duty signalled the car to stop but, petitioners 1 and 2 instigated the third petitioner to speed away, he did so and thereon first respondent and party followed the car and got it stopped. It is alleged that petitioners attacked the first respondent and caused injury on his right wrist which according to the prosecution attracted offence as alleged. Learned counsel for petitioners submitted that assuming that offence under the Act are involved, no offence under Sec.332 of the IPC is made out. Learned Public Prosecutor has submitted that on the materials on record, offence under Sec.332 of the IPC is also made out.

(2.) I have gone through Annexure-I, final report and heard counsel for petitioners as well as the learned Public Prosecutor. In the light of the order I propose to pass, I am not expressing any opinion as to whether offence punishable under Sec.332 of the IPC is made out since that is a matter which the learned Magistrate has to decide at the appropriate stage having regard to the materials on record.