ARUN KUMAR S Vs. ABDUBAKER SIDHIQUE

JUDGEMENT

(1.) The petitioners are accused 1 and 2 in CC 957 of 2006 on the file of the Judicial Magistrate of the First Class, Malappuram. The first respondent herein filed the above complaint against the petitioners who are the Sub inspector of Police and woman constable of Kondotty Police Station alleging offences under S.321, S.323 and S.506(ii) read with 34 of the Indian Penal Code.

(2.) The allegation of the first respondent in Annexure - III complaint is that on 05/09/2004 at about 10 A.M, the first respondent while parking a qualis car bearing No. KL 10L / 7139 at the parking space of AJS Bakery, Kondotty, the second petitioner commanded the first respondent to take the vehicle to the police station and accordingly, the vehicle was taken to the police station. Reaching at the police station, the second respondent was wrongfully restrained by the petitioners in furtherance of their common intention and inflicted hurt by beating and hitting with hands on the face and chest; and by kicking at the abdomen and knees. The petitioners had also criminally intimidated the first respondent. Contending that the complaint is bad for want of sanction under S.197 of the Code of Criminal procedure and barred under S.64(3) of Kerala Police Act as it is beyond six months of the alleged occurrence, the petitioners seek an order to quash Annexure - III complaint in exercise of the powers under S.482 of the Code of Criminal Procedure, this petition was filed.

(3.) I have heard the learned counsel appearing for the petitioners as well as the first respondent, besides the learned Government Pleader. Perused the records. Annexure - III would show that the complaint was filed only on 16/04/2005. Since the alleged occurrence was on 05/09/2004, definitely the complaint is barred by limitation because of S.64(3) of the Kerala Police Act which reads as follows: