STALIN Vs. STATE OF KERALA

JUDGEMENT

(1.) This criminal miscellaneous case is filed to quash Annexure-1 complaint, which is pending as S.T. No.412/2010 before the Judicial First Class Magistrate Court-II, Kollam. It is a complaint filed based on an order passed under Sec. 340(1) read with Sec. 195 of the Code of Criminal Procedure (for short, Cr.P.C.).

(2.) The case against the petitioner is that, he, being the judgment debtor in E.P.No.231/2008 before the Principal Munsiff Court, Kollam, was arrested by the Amin of the Court on 24/8/2009 at 10 am in pursuance of the warrant issued by the learned Munsiff under Order XXI Rule 38 of the Code of Civil Procedure. After the arrest, he was brought to the nazarate by the Amin, but he ran away and escaped from the lawful custody of the Amin. The Amin could not successfully resist or take the custody of the petitioner. Subsequently on the same day, after the case was called in court, the petitioner surrendered before the Court at 2.30 pm. On his appearance, the decree holder deposited jail batta, and the petitioner was ordered by the learned Munsiff to be sent to civil jail for 30 days, for which his custody was given to the same Amin. Later, at around 3.40 pm, the Amin again reported that the petitioner escaped from his lawful custody and thus obstructed the lawful functioning of the Amin, a public servant functioning under the orders of the Court. On the basis of the report of the Amin, the learned Munsiff registered M.C.No.3/2009 against the petitioner under Sec. 340(1) read with Sec. 195 Cr.P.C. After conducting the necessary enquiry, the learned Magistrate found that the offences under Ss. 186, 225B and 353 IPC are made out. Hence Annexure-1 complaint was filed before the Judicial First Class Magistrate Court-II, Kollam. Aggrieved by the same, this criminal miscellaneous case is filed.

(3.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.