REGHUNATHA Vs. KUNJALA

JUDGEMENT

(1.) The 4th accused in C. C. 1781/83 on the file of the Judicial II Class Magistrate II, Trivandrum is the petitioner in Crl. M. C. 319/83. Third accused in the said case has preferred Crl. M. C. 320/83. These petitions are for quashing the complaint in the said case.

(2.) The material averments made by the petitioners in these petitions, in a nut-shell, are as follows:-

(3.) A copy of the complaint is produced along with Crl. M.C. 320/83. It contains the following averments. The complainant is a member of the Kerala Legislative Assembly. On 30-3-83 he reached the Assembly Parlour at about 8.20 a.m. When he was about to enter the door of Assembly Parlour, he was prevented by accused 1 to 4. The accused were accompanied by a contingent of watch and ward and policemen in mufti numbering about 200. The first accused caught hold of the complainant and began to inflict blows. First accused turned aside his finger causing dislocation of the bone of the middle finger of the left hand. The other accused accompanied by security staff began to encircle the complainant and did not allow him to proceed further. The accused prevented other M.L. As also from entering the Assembly Hall. Complainant was forcibly removed by the first and second accused to the press room. A3 and A4 assisted them. The first accused kicked the complainant and abused him in filthy language. First accused again threatened to beat the complainant with chappals. He also threatened to kill the complainant if he dared to move and thereby wrongfully restrained him. Thereafter the complainant fell unconscious. At about 4 p.m. he found himself lying on a bed in the General Hospital, Trivandrum. He was treated as an inpatient till the evening of 4-4-83. The complainant is entitled to enter the Assembly Hall for attending the session. The accused have no right to prevent him from entering the Assembly Hall. They have inflicted bodily injuries on the complainant without any provocation. Accused 3 and 4 have no right to be at the place of occurrence. Their mere presence at the scene of occurrence is trespass. Hence the accused have committed offence punishable under S.323, 294(b), 341, 324 and 447 read with S.34 I.P.C.