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2014 Supreme(Ker) 338

P.D.RAJAN
Manoj Abraham, Superintendent of Police – Appellant
Versus
State of Kerala, represented by the Public Prosecutor, High Court of Kerala – Respondent


Advocates appeared:
For the Petitioner:Boby Mathew, E.T. Mathew, Advocates.
For the Respondents:R1, Justin, Public Prosecutor, R2, K.K. Chandran Pillai, (Senior Advocate), A.S. Sajush Paul, Thomas James Mundackal, Bobby Thomas, Tony Thomas (Inchiparambil), S. Ambily, Advocates.

Judgment :

1. The petitioner, who is the first accused in C.C.No.41/2004 of the Judicial First Class Magistrate Court-I, Kannur, preferred this petition under Section 482 Cr.P.C. to quash Annexure A1 complaint which is filed for offences punishable under Sections 341, 323, 324, 353, 332 r/w. 34 IPC and 120 B of IPC and under Sections 273, 364 of the Kerala Municipality Act 1994 by invoking inherent jurisdiction. The petitioner alleges that while he was acting as Superintendent of Police Kannur, certain traffic dividers were installed at the instance of Kannur Town Police in the Fort Road, Kannur, according to the direction of the Road Safety committee. The installation of traffic dividers and control of traffic are under the prerogative control of the Police. On 3.3.2003 at 8 a.m. around 100 people formed themselves into an unlawful assembly at Fort Road Kannur, forcefully removed the traffic dividers under the leadership of the Chairman, Kannur Municipality, which created a law and order problem on the pubic way and they were arrested and thereafter a crime was registered against them. In order to counter blast that crime, the above complaint was filed by the Secretary of the Kann



















































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