DEVAKI AMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE two accused in C C. No. 180/ 79 now pending before the Judicial Magistrate of I Class, Wadakkancherry, are the petitioners herein and they seek to invoke the inherent powers of this Court to quash the entire proceedings in the said criminal complaint. Both the petitioners are sisters, the first petitioner is said to be aged 52 and the second petitioner 40. THE case against them is that they, on April 9, 1979. obstructed witnesses 1 and 2 in the charge-sheet who are respectively the Taluk Surveyor and the Revenue inspector, from entering the compound in which the petitioners are residing by closing their gate and thus prevented and obstructed the above officers from discharging their official duties. It is alleged that it was for surveying property comprised in Sy. No. 399 of Enkakad Village as per orders of the tahsildar that these officers went there. On these allegations, a complaint was filed by the Taluk Surveyor before the Wadakkancherry Police Station, on the basis of which a case was registered against the petitioners under S. 341, and 353 read with S. 34 IPC. On competition of investigation, a charge-sheet under the above said sections was filed against the petitioners. When the petitioners appeared before Court, they denied having committed any offence and the case was subsequently posted for trial.

(2.) THE charge-sheet filed against the petitioners and the subsequent criminal proceedings against them are sought to be quashed on more than one ground. THE learned advocate appearing for them submitted that this is a clear case of abuse of process of court, as the charge-sheet, the first information statement and all the relevant records supplied to the petitioners and sought to be relied on by the prosecution do not disclose any offence punishable under S. 353 IPC. THE counsel also contended that this is an illustrious case where the prosecution deliberately wanted to evade the salutary provisions of S. 195 (1) (a) Cr. P. C. by changing the label of the offence as one punishable under S. 353 IPC.