RUYESH KOZHIISSERY GANGADHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused in a prosecution, cognizance in which has taken on the basis of a final report submitted by the police. In the final report, offences punishable under Sections 143,147,148, 185,283,332,333,353 read with 149 I.P.C and Section 3(1) of PDPP Act are alleged to have been committed. It is alleged that the petitioners were members of an unlawful assembly and in prosecution of the common object of the unlawful assembly wanton mischief was committed and loss and destruction were caused to the property of the Government. The learned counsel for the petitioner prays that the powers under Section 482 Cr.P.C may be invoked and the proceedings against the petitioner may be quashed.

(2.) What is the reason? It is alleged that the allegations are false. Truth or falsity of the allegations cannot obviously be resolved in proceedings under Section 482 Cr.P.C by invoking the extraordinary inherent jurisdiction available to the court.

(3.) It is next pointed out that specific overt acts have not been alleged against the petitioner herein, that is accused No.9. Precise allegation is that the petitioner was member of an unlawful assembly of persons and specific allegation of overt acts is not a condition precedent to raise such an allegation.