LAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petition under Section 438 of the Code of Criminal Procedure.

(2.) Petitioner is the accused in Crime No.525 of 2015 of Puthenvelikkara Police Station registered for offences punishable under Sections 341, 353, 294(b) and 506(i) of I.P.C.

(3.) Defacto complainant is a Junior lawyer practising in the Courts at North Paravur. He was appointed the Commissioner in O.S No.794/2015. On 17 -10 -2015 at about 4.30 p.m., he went to the disputed property for local inspection. The disputed property belongs to the accused and his family. When the Advocate Commissioner reached in the property, the accused was not present there. He attempted to give notice of inspection to mother and wife of the accused. They refused to receive notice. Wife of the accused called the accused over mobile phone. He after sometime rushed to the place. It is the allegation that the accused without any provocation showered obscene words to the Advocate Commissioner and he throttled and pushed the Commissioner out of the property. It is also reported by the Commissioner that he challenged the authority of the court in issuing such a commission. The accused used unparliamentary and derogatory words against the court as well. It is the prosecution case that thereby the accused has committed the aforementioned offences.