HAJI KALU Vs. STATE

JUDGEMENT

(1.) THIS is an application by the accused under Section 561 -A Cr. P. C. for quashing proceedings in criminal case titled State Versus Haji Kaul and ors under Section 353/382/186 R. P. C. pending in the court of the Judicial Magistrate, 1st Class Ramban, The petitioners have been accused of having assaulted constable Ghulam Qadir, while he was engaged in conducting a search of the person of the accused as also the vehicle they were travelling in.

(2.) THE argument of the learned counsel for the petitioner is that assuming that the allegation is correct, still no offence is prima -facie made out against the accused. For, as he said, the constable has no power to conduct the chears under the Code of Criminal Procedure and so even if the accused used force to keep him away, they cannot be said to have committed any offence. Learned Addl. Advocate General appearing for the State has not been able to show that a constable is authorised to conduct searches under the provisions of the Code of Criminal Procedure. If that be so, as it really is, then in these, the accused were legally competent to use force to avoid the search, of course, force used could not be more than what was reasonably necessary. There is no allegation that the force used was more than necessary in the circumstances. I agree with the learned counsel for the petitioner that no offence is made out against the accused. The proceedings constitute an abuse of the process of the court. They are hereby quashed.