C O M M O N O R D E R

Both these petitions are filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.PC’) by the former Sub Inspector of Eloor Police Station to quash the proceedings in C.C.Nos.716/2018 & 242/2019 on the files of the Judicial First Class Magistrate Court-I, Kalamassery, initiated by the learned Magistrate upon the complaints preferred by two prisoners by name Manoj and Prasad alleging custodial torture.

2. The aforesaid complainants are the accused in Crime No.1435/2017 of Eloor Police Station, registered in connection with the commission of offence under Section 511 of 379 read with Section 34 of the Indian Penal Code, 1860,(in short, ‘IPC'). As per the allegations in Annexure-A1 First Information Report registered in connection with the above crime, the above complainants (second respondent in these petitions) attempted to commit theft of the battery of a Torus lorry parked by the side of container road at about 11:30 pm on 14.12.2017. It is further stated thereunder that when the de facto complainant in the above crime raised a hue and cry, the offenders took to their heels. Subsequently, on the same night, the present complainants (seco