R JAYARAM MENON Vs. E GHEEVARGHESE

JUDGEMENT

(1.) This petition arises from a judgment by the Additional First Class Magistrate, Palghat, in C. C. No. 17 of 1972. The petitioner is the Inspector of Police, Palghat. The petition is filed under S.561A to expunge a substantial portion of the judgment in the case as being unnecessary, irrelevant and capable of adversely affecting the official career of the petitioner and his means of livelihood .

(2.) The facts necessary for this case are: that a complaint was filed by the Inspector of Police against one Gheevarghese, the then Motor Vehicles Inspector of Palghat for offences under S.47 read with S.51A of the Kerala Police Act alleging that he on 18-10-1971 at about 6.00 P.M. behaved in an indecent manner towards Pw. 1 and members of his family at the Municipal T. B. at Palghat. One Pushkaran, who is pw. 1 in the case, was staying in the T. B. on 18-10-1971 along with his wife, sisters and a child. At about 6. 00 P. M the accused along with another man entered the room occupied by pw. 1 and members of his family and behaved in an indecent manner. The said Pushkaran sent a complaint to the police on 18-10-1971 and the Inspector of Police filed this complaint in the Sub Magistrate's Court on 27-12-1971. The case was transferred to the Additional First Class Magistrate's Court by the District Magistrate, Palghat.

(3.) Four witnesses were examined in the case. pw. 1 is Pushkaran. pw.2 is his wife Pw.3 is the watchman of the Municipal TB. and Pw. 4 is the Legal Adviser to the Kerala State Financial Enterprises. The Inspector of Police did not tender himself for examination in the case. The complaint is marked as Ext. P1.