LAWS(KER)-2013-5-96

K.M.PARVEESE Vs. STATE

Decided On May 29, 2013
K.M.Parveese Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS is an application filed by the 1st accused in Crime NO.334/1990 of Thalassery Police Station to quash the proceedings under Section 482 of the Code of Criminal Procedure.

(2.) THE case of the petitioner in this petition is as follows: The petitioner herein is the accused in C.C.No.99/1992 on the file of the Judicial First Class Magistrate Court, Thalassery and now re-registered as L.P.C No.108/1999. Initially the petitioner was the accused in C.C.No.495/90 before the Judicial First Class Magistrate Court, Thalassery.

(3.) THE learned Magistrate rightly found that PW1's action was illegal and without any authority of the Commissioner of Municipality and so it cannot be deemed that he is acting as a public servant in execution of his duty.