THEKKEPURAYIL SUMITH Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is to quash Annexure I charge sheet submitted by the police against the petitioners herein. A crime was registered as crime No. 56/2004 against the petitioners under S.143, 147, 341 and 353 read with S.149 of the IPC.

(2.) As per the charge sheet Annexure I, on 31/1/2004 at about 6 p.m. accused Nos. 1 to 27 formed into an unlawful assembly with a common object of obstructing the pick up van in which the waste is being brought and also CW 1 and others, who were the sanitary workers in the Municipality, and in prosecution of the common object, they wrongfully restrained CW 1 and others, and deterred them who are public servants from discharging their duty.

(3.) The learned counsel appearing for the petitioner submitted that offences under S.353 and 341 will not lie since the ingredients of the offences are not made out from what is stated in the charge. Since such offences are not made out, offence under S.143 also will not lie, it is submitted. First of all, to attract S.353 of the Indian Penal Code, there must be allegation that the accused assaulted or used criminal force to a public servant. But, in this case, there is no whisper that any criminal force or assault was made against any public servant.