SIVAN CHODATH Vs. JOSHI

JUDGEMENT

(1.) The petitioner, who is the sole accused in C.C.No.1003 of 2017 on the file of Judicial First Class Magistrate Court, Thaliparamba, has approached this Court to quash the impugned order taking cognizance and all consequential proceedings thereto initiated against the petitioner, invoking inherent powers of this Court under Sec. 482 of Cr.P.C.

(2.) The 1st respondent/de facto complainant filed Annexure-A3 complaint against the petitioner, alleging offences punishable under Ss. 166, 352, 294(b), 506(i) and 500 of IPC. According to him, on 25/4/2016 at 4.55. p.m., while he was returning from his agricultural land riding his motorcycle bearing registration No.KL-59-A/8658 through ChandanakkamparaPadankavala road, the petitioner, who was Sub Inspector of Police, Payyavoor Police Station, asked him to stop the vehicle and since he could stop the vehicle only at a distance, as it was in a steep and curvy road, the petitioner abused him in filthy language and tried to assault him in front of the public. The de facto complainant, who was a reputed social worker and politician in that locality, was defamed by the petitioner, in front of the public and hence, he filed the complaint.

(3.) Learned JFCM-I, Thaliparamba, after conducting enquiry, took cognizance of offences punishable under Ss. 294 (b) and 352 of IPC and issued summons against the petitioner/accused. Challenging that order, the petitioner has approached this Court.