IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 Crl.MC.No. 1687 of 2011() ------------------------- CRIME NO.227/2011 OF CHANDERA POLIESTATION PETITIONER(S): ACCUSED 1 TO 5 ---------------------- 1. SUJITH M., AGED 27 YEARS, S/O.KUNHIKANNAN, RESIDING AT MUTTATH HOUSE, KANDAMKODE, CHERUVATHUR VILLAGE, P.O.THURUTHI. 2. LIJIN KUMAR T.M.P., S/O.KUNHIRAMAN, AGED 21 YEARS, THACHARAMATTUMMAL HOUSE, PILICODE, KADAMKODE, CHERUVATHUR VILLAGE. 3. T.V.SEEMANTH KUMAR, AGED 27 YEARS, S/O.KRISHNAN, RESIDING AT KADAVATH HOUSE, KADAMKODE, CHERUVATHUR VILLAGE, P.O.THURUTHI. 4. RAJESH M., AGED 27 YEARS, S/O.KUNHAMBU, RESIDING AT SARAYU HOUSE, KADAMKODE, CHERUVATHUR VILLAGE, P.O.THURUTHI. 5. M.V.RAJESH, AGED 31 YEARS, S/O.V.V.KOTTAN, RESIDING AT KAVVUMCHIRA, P.O.THURUTHI, VIA. CHERUVATHUR. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM, PIN-695001. 3. SUPERINTENDENT OF POLICE, KASARAGOD, PIN-671121. 4. SUB INSPECTOR OF POLICE, CHANDERA POLICE STATION, KASARAGOD-671146. BY PUBLIC PROSECUTOR SHRI JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO.1687/2011 APPENDIX PETITIONERS' EXHIBITS: ANNEXURE-I TRUE COPY OF FIR IN CRIME NO.227/2011 OF CHANDERA POLICE STATION ANNEXURE-II TRUE COPY OF SEIZURE MAHAZAR IN CRIME NO.227/2011 OF CHANDERA POLICE STATION ANNEXURE-III TRUE COPY OF MEMO OF ARREST DATED 21.01.2011 OF THE FIRST PETITIONER ANNEXURE-IV TRUE COPY OF MEMO OF ARREST DATED 21.01.2011 OF THE SECOND PETITIONER ANNEXURE-V TRUE COPY OF MEMO OF ARREST DATED 21.01.2011 OF THIRD PETITIONER ANNEXURE-VI TRUE COPY OF MEMO OF ARREST DATED 21.01.2011 OF FOURTH PETITIONER cks //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1687 of 2011 -------------------------------------- Dated this the 14th day of June, 2011. ORDER Petitioners are accused 1 to 5 in Crime No.227 of 2011 of Chandera Police Station for offences punishable under Sections 143, 147, 341, 294(b), 353 and 506(i) read with Section 149 of the Indian Penal Code. Case against petitioners is that on 21.03.2011 at about 0.045 hours they were found in a car bearing No.KL-60A-4554, the Assistant Sub Inspector and party attached to Chandera Police Station questioned them about their whereabouts, presence, etc. at that place, one of the petitioners caught hold of the Assistant Sub Inspector by his uniform and others used obscene words at the Police party. When the Police tried to arrest them, they forcibly escaped from the custody of Police. The Police party chased them and arrested them. According to the petitioners no such incident has taken place and it is only to satisfy the ego of the Assistant Sub Inspector that such a case was registered . It is requested that proceeding against petitioners may be quashed. I have heard learned counsel for petitioners and the learned Public Prosecutor. 2. It is submitted by the learned Public Prosecutor that the case is under investigation. I have gone through Annexure-I, FIR and the statement of the Assistant Sub Inspector who is allegedly involved in the incident. On going through the same I am not inclined to think that this Court should quash proceeding as if allegations are false. It is a matter for investigation. Crl.MC No.1687/2011 2 3. But I consider that in the facts and circumstances it is only appropriate that a senior officer investigated the case particularly when the alleged offences involved acts against an Assistant Sub Inspector and party. Having regard to the circumstances and after hearing the views of learned Public Prosecutor also I think it proper that the Circle Inspector of Police having charge over Chandera Police Station has to conduct investigation of Crime No.227of 2011. Resultantly this Criminal Miscellaneous Case is disposed of directing the Circle Inspector of Police having charge over Chandera Police Station to conduct investigation of Crime No.227 of 2011 of the said station. The Superintendent of Police, Kasaragod District shall issue necessary orders in that line within two weeks from the date of receipt of a copy of this order which shall be made available by the petitioners to that officer. THOMAS P.JOSEPH, Judge. cks