AVINASH Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C. is filed under Sec. 482 Cr.P.C. by an advocate to quash the final report and all proceedings in C.C. No. 2316 of 2014 on the file of the Judicial First Class Magistrate Court, Chavakkad arising from FIR No. 626/2014 of Guruvayoor Police Station alleging commission of offence under Sections 283, 294 (b) of IPC and under Section 117 (e) and 120 (b) of the Kerala Police Act, 2011.

(2.) The gist of the prosecution case is as follows:- While Civil Police Officer Unnikrishnan was doing his traffic duty on 27-4-2014 at 10.35 a.m., he was pasting a sticker on the Car bearing Reg. No. KL-08-Q-1564 which was parked near the "No Parking Board" in front of Guruvayoor Devaswom Hospital causing obstruction to the movement of the vehicles, a man in white shirt came and pushed him, angrily shouted him and threatened the CPO and swirled abuses on CPO 6251 Madhu who was with him. It was alleged that the complainant was doing his official duty of affixing stickers on the Car. The complaint alleged that the petitioner caused obstruction to his duty and insulted the CPO in public.

(3.) The petitioner challenging the final report and all proceedings submitted that Annexure-A4 report of the Assistant Commissioner of Police (Special Branch) submitted before the Kerala States Human Rights Commission pursuant to the complaint of the petitioner clearly found that there was a lapse on the part of the police which resulted in the petitioner acting against the officer, as the Civil Police Officer Madhu was in plain clothes and not in his uniform and he was posting sticker on his car,. The petitioner, not aware of the fact that it was a civil police officer, bonafidely questioned the authority of the person, and that none of the allegations levelled made out any offence and thus prayed for quashing Annexure A charge sheet.