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 bearing Registration No. KL-57-A-6531, earth was being transported in tipper lorry bearing No.KL-10-Z-4764.

4. He queried the drivers as to whether permission has been obtained from the Geology Department. At that time, a person claiming himself as the owner of the land questioned the police; he told the Sub Inspector that since earth is being removed from his own property and dumped in his own land, police has no manner to question the same; he also pushed the Sub Inspector and thus obstructed the discharge of official functions of the police. He refused to divulge his name and address and then using sufficient force, he was arrested and taken to the police jeep; then a youngster came there and tried to resist his removal to the police jeep. He also obstructed the discharge of functions of the police; when he was tried to be arrested, he ran away from the place. After seizing both the vehicles, the police party returned the police station and registered the crime as Crime No. 170/2018. On conclusion of investigation, charge sheet was laid alleging the above stated offences.

5. As stated earlier, the final report is sought to be quashed mainly on consideration that the alleged victim who detected the offence himself conducted investigation and laid the charge sheet. According to the learned counsel, the first petitioner was levelling his land, transportation of soil did not take place, so that no question of obtaining pass from the Geology Department under the provisions of the Kerala Minor Mineral Concession Rules. 2015 arose, that they have been falsely implicated.

6. The latter argument does not arise for consideration at this stage. It is evident from Annexure A and B documents that the crime was registered on the premise that when Sub Inspector, E.V. Suresh Kumar and party had tried to intercept the alleged illegal acts of the petitioners, their official discharge of functions was obstructed and their directions were disobeyed and that was how the crime was registered. The first petitioner was also arrested from the place. The Annexure B final report indicates that the crime was investigated by the very same Sub Inspector and final report was laid by him. No doubt, complainant himself conducting investigation is not a lacuna on the part of the prosecution. But here, the said Suresh Kumar has played multiple roles in the case. Initially, he had detected the petitioners allegedly indulging in illegal removal of soil from the property. When he questioned the illegal acts, it is alleged that his official discharge of functions were obstructed, he was pushed etc. Thus when commission of a cognizable offence was revealed, the first petitioner was arrested from the spot and the crime was registered. Here, the Sub Inspector himself is the victim of the crimin