ALAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners in this Crl. M. C. who are accused in crime No. 55/81, pending before the Judl. Magistrate of First Class, Mannantody seek to quash the said proceedings. THEy have moved this court under S. 482 of the Code of Criminal Procedure. Though the incident alleged against them on the basis of which proceedings are initiated before the Magistrate's Court occurred on 30-5-81 at 6 p m. petitioners have got the definite case that they were taken into custody illegally, each of them on different dates by the police, from 20-5-1981 onwards, long earlier to the alleged incident. However, I am not going into the conflicting region of facts, because 1 am only examining here whether proceedings against the petitioners can continue even assuming what is alleged and complained against them are true.

(2.) THE first Information Report in Crime No. 55/81 has been produced here and marked as Ext. P1. It is stated therein that the mannantody S. 1. of Police was doing patrol duty at about 6 p. m. on 30-5-81 when he saw the. accused leading a procession shouting slogans