AJAYNATH Vs. N.SHAJITHA BEEVI

JUDGEMENT

(1.) The petitioners are serving police officers in the Kerala Police. The 1st petitioner was working as a Circle Inspector of Police at Alappuzha North Police Station; the 2nd petitioner was working as a Circle Inspector of Police, Pulincunnu, Alappuzha, and the 3rd petitioner was working as a Civil Police Officer at Alappuzha North Police Station, at the time of the alleged incident. The 1st respondent is an Advocate by profession. The 3rd respondent is the husband, and the 4th respondent is the daughter of the 1st respondent.

(2.) On 29/12/2013, the Sub Inspector of Police, Alappuzha South police station registered Ext.P1 FIR against the 3rd respondent before the Judicial First-Class Magistrate Court, Alappuzha (for short, the trial court) alleging offence punishable under Ss. 294(b) of IPC and 117(E) of the Kerala Police Act (for short, the KP Act). The allegations in the FIR were that while the 3rd petitioner was discharging his official duty in connection with the beach festival, Alappuzha, at the main gate of the venue, the 3rd respondent came in his car and tried to park it in the VIP parking area causing obstacles to other vehicles. Thereupon, the 3rd petitioner requested the 3rd respondent to park the vehicle at the designated places at police ground. The 3rd respondent refused to obey his directions and openly abused him. Though the 3rd petitioner reminded him that he was only discharging his duty and, therefore, he was bound to obey his direction, the 3rd respondent verbally abused him again in public in front of the people assembled there to see the festival.

(3.) After twelve days of registration of Ext.P1 FIR, i.e., on 10/1/2014, the 1st respondent filed Ext.P2 private complaint against the petitioners before the trial court as CMP No.188/2014. The allegations in Ext.P2 private complaint are as follows: