SANGEETHA LAKSHMANA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner who is an advocate by profession is the accused in CC No. 293 of 2006 on the file of the Chief Judicial Magistrate, Ernakulam for offences punishable under S.332 and 294(b) IPC. The case originated out of Crime No. 974 of 2006 of Central Police Station, Ernakulam.

(2.) The allegation in the charge is that on 12/07/2006 at about 1.45 p.m on getting information to the effect that the petitioner / accused is trespassing into flat No. A-102 at Sui Summit, E.R.G. Road, Pappali Lane, Ernakulam possessed by south Indian Bank pursuant to the legal proceedings initiated by the bank for the non remittance of the loan availed of by Darwin Exporters Pvt. Ltd., the Sub Inspector of Police, who is the first informant reached the flat and when he tried to obstruct the accused from trespassing into the apartment, the accused insulted the Sub Inspector asking him as to which Sub Inspector he was and called him "rascal" and thereby the petitioner obstructed him from discharging his official duties and also caused annoyance to him by calling "rascal" which is an obscene word.

(3.) I heard the learned counsel for the petitioner as well as the learned Director General of Prosecution.