IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Crl.MC.No. 3757 of 2011() ------------------------- CC.1664/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER(S): ACCUSED: ------------------------------------------ ARUN SHANKAR, S/O.SANKARAN NAIR, 'SREESHYLAM', TC XXIX/88 VIVEKODHAYAM SCHOOL LANE, THRISSUR-1. BY ADV. SRI.K.P.SUJESH KUMAR RESPONDENT(S): STATE: --------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.3757/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A1: COPY OF THE FIR IN CRIME NO.1537/2008 OF KALAMASSERY POLICE STATION DTD. 24/11/2008. ANNEX.A2: COPY OF THE FIR IN CRIME NO.1536/2008 OF KALAMASSERY POLICE STATION DTD. 24/11/2008. ANNEX.A3: COPY OF THE NOTICE IN CRIME NO.1536/2008 ISSUED BY THE SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION DTD. 24/11/2008. ANNEX.A4: COPY OF THE NOTICE IN CRIME NO.1537/2008 ISSUED BY THE SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION DTD. 24/11/2008. ANNEX.A5: COPY OF THE CASUALITY O.P.TICKET OF THE DISTRICT GOVERNMENT HOSPITAL, THRISSUR DTD. 25/11/2008. ANNEX.A6: COPY OF THE ACCIDENT CUM WOUND CERTIFICATE DTD. 25/11/2008 ISSUED BY THE MEDICAL OFFICER ATTACHED TO THE DISTRICT GOVERNMENT HOSPITAL, THRISSUR. ANNEX.A7: COPY OF THE CMP NO.2835/2008 ON THE FILE OF THE COURT OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE DTD. 26/11/2008. ANNEX.A8: COPY OF THE ORDER OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE IN CRL.M.P.NO.2835/2008 DTD. 31/03/2010. ANNEX.A9: COPY OF THE PROCEEDINGS OF THE INSPECTOR GENERAL OF POLICE, ERNAKULAM RANGE DTD. 14/01/2009. ANNEX.A10: COPY OF THE PUNISHMENT ROLL AGAINST SRI.P.V.RAJU, SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION. ANNEX.A11: COPY OF THE PUNISHMENT ROLL AGAINST SRI. JAMES PAUL, HEAD CONSTABLE, KALAMASSERY POLICE STATION. ANNEX.A12: COPY OF THE PUNISHMENT ROLL AGAINST SRI.VIMAL, PROBATIONARY SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION. ANNEX.A13: COPY OF THE PUNISHMENT ROLL AGAINST SRI.K.R.MOHANDAS, ASSISTANT SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION. ANNEX.A14: COPY OF THE CHARGE SHEET IN CC NO.1664/2008 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II DD. 25/11/2008. ANNEX.A15: COPY OF THE CHARGE SHEET IN ST NO.102/2009 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II DTD. 25/11/2008. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 3757 OF 2011 (D) ------------------------------------------ Dated this the 22nd day of November, 2011 O R D E R The petitioner is the accused in C.C.No:1664/2008 of Judicial First Class Magistrate's Court-II, Aluva. The offence alleged against him is under section 224 of I.P.C. It is alleged that on 24.11.2008, while the petitioner was driving his vehicle from Ernakulam to Thrissur, he was intercepted by the Sub Inspector of Police (On probation), Kalamassery. The allegation is that the said Sub Inspector demanded bribe from the petitioner. Petitioner was not inclined to accede to that demand. He was taken to the police station. His vehicle was seized by the police. The further allegation is that he was brutally manhandled by the S.I. It is alleged that the S.I. stopped torturing the petitioner only on the intervention by the then Minister of P.W.D., State of Kerala. Then the petitioner was Crl. M.C. No: 3757 OF 2011 (D) -2- allowed to go but on condition that he should put in writing that he has no complaint and that he will not file any complaint against the Sub Inspector. The petitioner was not inclined to give such a statement. Therefore, infuriated by the said conduct, the aforesaid police officer registered two cases: (1) under section 279 of I.P.C. alleging that the petitioner drove the car, bearing No: KL 5 T 5004, in a rash and negligent manner by talking over the mobile phone he was then holding. The other case registered against him is to the effect that he had attempted to escape from the custody of the police officer. The learned counsel for the petitioner would submit that so far as the charge under section 224 is concerned, the very allegation made by the police officer would unravel the fallacy of that allegation as the petitioner could never think of leaving the police station leaving his Skoda Octavia car worth more than Rs.10,00,000/- and it Crl. M.C. No: 3757 OF 2011 (D) -3- can never be believed that one can escape from the police station when S.I. and so many police officers are there. Therefore, it is a clear case, the S.I. misused his official position to pressurise the petitioner or to yield to his demands. Annexure A7 is the complaint given by the petitioner before the Special Judge (Vigilance Court, Thrissur). The learned counsel also relied upon Annexure A6, the wound certificate issued by the Doctor at 3.55 A.M. on 25.11.2008, i.e. about four or five hours after the incident. In the wound certificate the specific allegation made by the petitioner as to the cause of injury has been mentioned; that he was beaten by the S.I., A.S.I. and others from the police station, on 24.11.2008 at 8.30 A.M. (time noted as A.M. may be a mistake for P.M.). The injuries found on the body of the petitioner herein, are noted in the wound certificate. Annexure A5, the Casualty Crl. M.C. No: 3757 OF 2011 (D) -4- Ticket, issued form the District Hospital, also shows the very same allegation having been noted. Annexure A4 is the notice issued by the S.I. to the petitioner asking him to appear before the learned Magistrate on 3.1.2009, in a case charged under section 224 of I.P.C. That notice was also issued on 24.11.2008 itself. It is not known how the S.I. could issue such a notice when the learned Magistrate has not taken cognizance of such an offence against the petitioner under section 224 I.P.C. That also according to the petitioner would reveal the intention of the S.I.. Annexure A3 is the notice which shows that the offence alleged against the petitioner is under section 279 I.P.C. That was alone done without conducting any investigation and before filing of the final report. It is inconceivable how the police officer could issue such a Crl. M.C. No: 3757 OF 2011 (D) -5- notice. These are tell tale circumstances which would support the allegation made by the petitioner that this case was actually cooked up by the S.I. only to wreck vengeance against him, the learned counsel for the petitioner submits. Considering all the aspects, I find that it is a clear case of abuse of process. In order to secure the ends of justice, proceedings in C.C. No:1664/2008 on the file of the Judicial First Class Magistrate Court-II, Aluva, is to be quashed. This petition is allowed. Proceedings in C.C. No:1664/2008 of the Judicial First Class Magistrate Court-II, Aluva is quashed. N.K. BALAKRISHNAN, JUDGE jjj