LAWS(KER)-2016-10-53

HARIPRASAD S/O. MOHANAKUMARAN NAIR, PUTHENVILA HOUSE, AMBADI NAGAR, NEAR ENGINEERING COLLEGE, SREEKARIYAM, THIRUVANANTHAPURAM Vs. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

Decided On October 21, 2016
Hariprasad S/O. Mohanakumaran Nair, Puthenvila House, Ambadi Nagar, Near Engineering College, Sreekariyam, Thiruvananthapuram Appellant
V/S
State Of Kerala Rep. By Public Prosecutor, High Court Of Kerala, Ernakulam Respondents

JUDGEMENT

(1.) Petitioners are accused Nos. 1 and 2 in C.C. No. 295/2012 on the files of Judicial First Class Magistrate Court-I, Thiruvananthapuram. The authority vested on this Court under Sec. 482 of the Code of Criminal Procedure is sought to be exercised in this application to quash all proceedings initiated against them in C.C. No. 295/2012.

(2.) C.C. No. 295/2012 was originated from a charge sheet filed by the respondent after concluding the investigation initiated pursuant to a First Information Report registered as Crime No.229/2010 of Sreekaryam Police Station. The petitioners are alleged to have committed the offence punishable under Sec. 353 read with Sec. 34 IPC.

(3.) The case of the prosecution was that on 19.04.2012 at 10.20 am, the petitioners with intention to obstruct CW1, who is the Commander of Thiruvananthapuram City Control Room Vehicle 14(CRV.14) restrained him from discharging his official duties, for directing them to remove a lorry parked on the road and engaged in unloading goods and thereby, committed the offence punishable under Sec. 353 read with Sec. 34 IPC.