JUSTIN Vs. STATE

JUDGEMENT

(1.) This is an application filed under S. 482, Crl. P.C., to quash the proceedings in C.C. No. 241 of 1984 which is re-numbered as C.C. No. 46 of 1985, on the file of the Judicial Second Class Magistrate, Eraniel.

(2.) One Alphonse gave a complaint to the Inspector of Police, Thuckalay with regard to an incident of group clash that had taken place on 9th May, 1984 at about 11:30 A.M., at Thiruvithancode, Kalkulam Taluk, Kanyakumari District. The complaint was directed against ten named persons besides another 50 identifiable persons. A case in Crime No. 219 of 1984 based on such a complaint had been registered and after investigation, a report under S. 173, Crl. P.C., had been laid against 13 persons alone for offences under Ss. 147, 148, 452, 323. 324, 325 and 427 read with 149, I.P.C., which was taken on file in C.C. No. 375 of 1984 by the Judicial First Class Magistrate, Padmanabhapuram. With regard to the same incident, it appears that one Karutha Ganapathi alias Ganapathi also gave a complaint before the same Police Station against the petitioners herein and a case had been registered on such complaint in Crime No. 220 of 1984 of the same Police Station which also resulted in the filing of a report under S. 173, Crl. P.C., for offences under Ss. 147, 323 and 427 read with 149. I.PC. This case also had been taken and filed by the Judicial Second Class Magistrate, Eraniel in C.C. No. 241 of 1984 which is re-numbered as C.C. No. 46 of 1985. After the receipt of process from the court, the petitioners have come forward with the present application.

(3.) Learned counsel appearing for the petitioners would contend with all vehemence and force that the investigating agency had not at all adhered to the procedure contemplated under 0. 588-A of the Police Standing Orders and the non-adherence of the Rule resulted in the miscarriage of justice and therefore, it is that the proceedings in the court below against the petitioners are liable to be quashed.