MUHAMMED RAFI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein are the accused Nos.5 and 8 in S.C. No.274 of 2016 pending on the file of the Sessions Court, Kalpetta. In the said case, they face indictment under Sections 143, 147, 148, 332, 353, 308, 283 and 427 r/w. Section 149 of the IPC and Section 3(1) of the Prevention of Damage to Public Property Act, 1984. They seek quashment of the said proceedings in this petition under Section 482 of the Cr.P.C.

(2.) The prosecution allegation is that on 8.8.2013 at about 6.45 p.m., the petitioners herein along with rest of the accused formed themselves into an unlawful assembly and gathered in front of the Jaithra Theatre at Kalpetta. A fight ensued between two groups of people, consequent to which, the police officers intervened. It is alleged that the petitioners and others blocked the road and thereafter, attacked the police party causing injuries. It is alleged that CWs.1 and 2, who are police officers, sustained injuries consequent to the acts of the accused.

(3.) The learned counsel appearing for the petitioners would contend that in the F.I.Statement, there is no whisper as to the presence of the petitioners. Later, in the final report, they have been arrayed as the accused Nos.5 and 8. According to the learned counsel, the wound certificate of the injured would show that no serious injuries were sustained. He would rely on the decision of the Hon'ble Supreme Court in State of Haryana v. Bhajan Lal [(1992) SCC (Cr) 426] and it is contended that this is a fit case warranting exercise of powers under Section 482 to quash the proceedings.