ANTONY N J Vs. STATE OF KERALA

JUDGEMENT

(1.) This criminal miscellaneous petition was filed by the sole accused in C.C.No.169/2013 on the file of the Judicial First Class Magistrate Court-II, Kochi, to quash the proceedings under Section 482 of the Code of Criminal Procedure (hereinafter called 'the Code').

(2.) It is alleged in the petition that, the petitioner has been arrayed as sole accused in C.C.169/2013 pending before the Judicial First Class Magistrate Court-II, Kochi. The petitioner was charge sheeted by the Sub Inspector of Police, Palluruthy police station in Crime No.2811/2012 of Kochi Cusba police station, alleging offences Section 268, 269, 278, 188 of the Indian Penal Code and Section 120 (e) of Kerala Police Act. According to the petitioner, he has been falsely implicated by the Sub Inspector of police, Palluruthy police station, due to some personal grudge developed for the police party, who were made to arrive at the place of occurrence, as a result of the petitioner's request to the police control room through the emergency No.100. It is alleged in the petition that, on 02.12.2012 at about 11.00 p.m., while he was doing his usual walking along the road, in front of his house near the place of occurrence, the nearby resident by name, Shaji had attacked him. Immediately he dialed police control room by calling them in the emergency No.100 and they advised the petitioner to contact the nearby Kochi Cusba police station by giving him the telephone number of that police station. As per the advice from the control room, he contacted the Kochi Cusba police, but they replied that, since there is no police jeep available, they are unable to come to the spot, which is about four kilometers away from the station and he was asked to come to the station directly to give complaint. He conveyed the message to police control room and on account of the same, a police jeep came to the spot within fifteen minutes and he was taken to custody and took him to the police station and at about 1.00 a.m., he was released. Next morning he was informed that, Annexure-5 first information report as crime No.2811/12 of Palluruthy police station of Ernakulam city was registered against him, alleging commission of the offences under Section 268, 269, 278 and 188 of Indian Penal Code and Section 120(e) of Kerala Police Act, alleging that, he had attempted to throw the waste in the public place, so as to cause nuisance to the public. Even when he was taken to the police station, he was abused by the police officials and mis-behaved with him and they did not register any case against the said Shaji, due to influence he had exerted on them. So he sent Annexure-2 complaint to the Kochi City Police Commissioner and he had received Annexure-3 reply stating that, enquiry has been conducted and it was revealed that, both of them were called to the police station and since two crimes were registered, one against the petitioner and other against the said Shaji, they closed the petition and sent Annexure-4 along with Annexure-3 reply.

(3.) Heard the learned counsel for the petitioner and learned Public Prosecutor and also perused the case diary file and the general diary maintained in the police station.