SALIM KUMAR B.S Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in Crime No.112 of 2013 of Badiadka Police Station registered for an offence punishable under Section 118(a) of the Kerala Police Act (for short 'the KP Act').

(2.) The allegation is that on 26.02.2013, when the petitioner was called to the Police Station for the purpose of identifying an accused, he was under the influence of alcohol. Badiadka Police registered crime against him and he was charge sheeted under Section 118(a) of the KP Act. Now it is pending before JFCM-II, Kasaragod as C.C.No.422 of 2017.

(3.) Learned counsel for the petitioner would submit that petitioner is a Village Assistant and he was called to the Police Station at 07.00 p.m., in order to identify an accused, against whom a case was registered under Section 353 of IPC and Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act (for short 'the Sand Act'). Since that accused was a stranger to him, he could not identify him, and only because of that fact, Police registered this crime against the petitioner. So his prayer is to quash Annexure-A3 charge sheet.