MANOJ KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused Nos.2 to 4 in C.C.No.47 of 2019 on the files of the Chief Judicial Magistrate, Pathanamthitta. They stand charged for the offence punishable under Ss. 143, 147, 148, 341, 323 and 153(A) read with Sec. 149 of the Indian Penal Code, 1860 (IPC). The petitioners filed Crl.M.P.No.1946 of 2022 invoking the provisions of Sec. 239 of the Code of Criminal Procedure, 1973 (Code), seeking discharge. That petition was dismissed as per the order dtd. 17/8/2022. The petitioners challenge the said order in this revision petition filed under Sec. 397 read with Sec. 401 of the Code.

(2.) The allegations based on which the crime was registered are that the petitioners along with other co-accused, after forming themselves into an unlawful assembly, attacked the de facto complainant and a few students of Bible College at Maramon. The further allegation is that they shouted slogans against a particular religion and thereby, they tried to create communal disharmony and hatred between different religious groups. In the incident, a few students sustained injury.

(3.) The incident took place on 12/5/2005. After investigation and obtaining sanction under Sec. 196 of the Code, a final report was submitted before the court below on 17/4/2019. On receipt of summons, the petitioners appeared before the court below. They filed Crl.M.A.No.1946 of 2022 contending that the court took cognizance of the offence long after the period prescribed in Sec. 468 of the Code, and therefore, the prosecution was illegal. For that reason, they sought a discharge.