ORDER

Petitioners are the accused in C.C. No. 606/2018 pending before the Judicial First Class Magistrate Court – II, Perinthalmanna which arose from the final report in Crime No. 170/2018 of Wandoor police station. The petitioners have moved this Court for quashing the proceedings primarily on consideration that the investigation was conducted by the same officer who was the alleged injured in the incident and that a fair investigation was not conducted by the police.

2. I heard the learned counsel for the petitioners and also the learned Senior Public Prosecutor representing the State.

3. Crime No. 170/2018 of Wandoor police station was registered on 30.08.2018 alleging offence under Section 353 read with 34 of the Indian Penal Code besides under Section 117(e) of the Kerala Police Act, 2011. Annexure A FIR indicates that on 30.08.2018 at 12.30 P.M., while the Sub Inspector, E.V. Suresh Kumar was on duty at the police station, got reliable information that at a place by name Ayinikkode 27, some persons are engaged in transporting soil in a tipper lorry using a JCB. Thus himself and his party proceeded to the said place, reached there at 12.50 P.M., and found that, using a JCB beari