LAWS(KER)-2019-8-180

SHAMSHAD K.K. Vs. STATE OF KERALA

Decided On August 16, 2019
Shamshad K.K. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Invoking the powers under Section 482 of the Code of Criminal Procedure ("the Code", for short), the petitioners have approached this Court seeking to quash the criminal proceedings initiated against them by the 2nd respondent herein, which is now pending on the files of the Judicial First Class Magistrate Court-II, Kannur as C.C. No.171 of 2019. In the above proceeding, they face indictment for offences punishable under Sections 143, 147, 148, 341, 323, 324, 506(ii) read with Section 149 of the IPC.

(2.) From the prosecution records, it is discernible that the allegation is that on 7.1.2019 at 8 p.m., the petitioners formed themselves into an unlawful assembly and in prosecution of their common object, wrongfully restrained the 2nd respondent and attacked him causing injuries.

(3.) Heard Sri.Ashis Koratty Swaroopam, the learned counsel appearing for the petitioners, Sri.Bitto N.L., the learned counsel appearing for the 2nd respondent, and the learned Public Prosecutor.