MOHAMMED JASIM Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in C.C.No.216/2019 on the files of the Judicial First Class Magistrate Court-II, Ernakulam has filed this petition under Sec. 482 Cr.P.C to quash the proceedings against him in the said case. The prosecution case is that on 20/3/2012 at about 07:30 p.m, the petitioner inflicted voluntary hurt upon the second respondent by hitting upon his face and kicking upon his abdomen. Thus, the petitioner is alleged to have committed the offence under Sec. 323 I.P.C.

(2.) Upon getting information from the General Hospital, Ernakulam that the second respondent is undergoing treatment there due to the injuries sustained in a physical assault, the S.I of Police, Central Police Station came to the said hospital and recorded the statement of the second respondent. Finding that the offence alleged is non-cognizable, the S.I of Police, Central Police Station moved application before the learned Magistrate seeking permission under Sec. 155(2) Cr.P.C for registering a crime and commencing investigation. As per order dtd. 24/3/2012, the learned Magistrate accorded permission to the Sub Inspector of Police, Central Police Station to conduct investigation after registering a case in connection with the injury sustained by the second respondent in a physical assault.

(3.) In the present petition, the petitioner would contend that the prosecution initiated against him is vitiated due to the non-competence of the S.I of Police, Central Police Station to seek permission of the Magistrate under Sec. 155(2) Cr.P.C to register the case and proceed with the investigation. For the above reason, the petitioner seeks to quash the case pending against him before the learned Magistrate as C.C.No.216/2019, in connection with the incident said to have happened on 20/3/2012.