IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 Crl.MC.No. 1897 of 2009() ------------------------- CC.1723/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONER(S): ACCUSED NOS. 5 TO 8: ----------------------------------------------------------- 1. LAZAR, AGED 55 YEARS, S/O. ITTOOP, PUTHUR VEEDU, TIRUVENKITOM DESOM, ERINGAPPURAM VILLAGE, GURUVAYOOR. 2. JOHNSON GEORGE, AGED 37 YEARS, S/O. GEORGE, CHITTILAPPILLY HOUSE, MUNDOOR PUTTEKKARA DESOM, ANJUR VILLAGE. 3. FRANCY ANTONY, AGED 38 YEARS, S/O. ANTONY, VALLUKULAN VEEDU, AYYANTHOLE DESOM, ARANGATTUKARA VILLAGE. 4. IGNATIOUS, AGED 40 YEARS, S/O. LONA, CHITTILAPPILLY VEEDU, KOTTEKKADU DESOM, KUTTUR VILLAGE. BY ADVS. MR.P.VIJAYA BHANU, MR.M.RAVIKRISHNAN. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1897 OF 2009 =========================== Dated this the 29th day of June,2009 ORDER Petitioners are accused 5 to 8 on the file of Judicial First Class Magistrate Court I, Thrissur. The prosecution case is that on 14.7.2008 at about 7.40 p.m accused 1 to 4 ex-students of St.Thomas College, Thrissur alleging that College authorities are compulsorily collecting amounts from the first year degree students for the college function, trespassed into the room of the Principal. Petitioners herein accused 5 to 8 came to that room to help the Principal from them and there was a fight and first accused hit on the table and broken the glass and second accused threw the plastic chair and caused it to be broken and thereby committed a loss of Rs.1000/- to the College and all the accused committed offences under sections 160 and 427 of Indian Penal Code. This petition is filed under section 482 of Code of Criminal Procedure to quash Annexure B charge as against the petitioners contending that they have no common intention with accused 1 to 4 and in fact they came Crl.M.C.1897/2009 2 to the room of the Principal only at the request of the Principal and they neither committed any trespass nor any damages and therefore the case as against them is only an abuse of process of the court. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Annexure B final report submitted by the Sub Inspector of Thrissur Town Police Station show that it was accused 1 to 4 who committed trespass into the room of the Principal objecting to the compulsory collection of funds from the first year degree students and petitioners, the members of the pastoral Council came to that room only in aid of the Principal and not along with accused 1 to 4. Therefore even as per the allegations in the final report, an offence under section 427 of Indian Penal Code will not lie as against the petitioners, who came to the room of the Principal on the request of the Principal and that too to help him and not to commit any damages. 4. Section 160 of Indian Penal Code provides for punishment for committing affray Section 159 defines affray as when two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray. Even as per the allegations in Annexure B charge, petitioners came to the room of the Principal on his Crl.M.C.1897/2009 3 request, when accused 1 to 4 trespassed into the room questioning the authority of collection of funds compulsorily from first year degree students for the college function. The room of the principal is not a public place. Hence even if in the altercation between accused 1 to 4 and petitioners breach of peace had occurred, it cannot be said as a disturbance to the public peace as provided under section 159 of Indian Penal Code. Therefore an offence under section 160 of Indian Penal Code is not attracted against the accused. As pointed out by the learned counsel appearing for the petitioners when the very case of the prosecution is that petitioners reached the room of the Principal to help the Principal, prosecution of the petitioners for the offences under section 160 and 447 of IPC is only an abuse of process of the court. Petition is allowed. C.C.1723/2008 on the file of Judicial First Class Magistrate Court I, Thrissur as against the petitioners is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006