IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 10^TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946 CRL.REV.PET NO. 285 OF 2025 CRIME NO.697/2022 OF PARAPPANGADI POLICE STATION, MALAPPURAM AGAINST THE ORDER DATED 28.11.2024 IN CMP NO.921 OF 2024 IN C.C.NO.1466 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PARAPPANANGADI REVISION PETITIONERS/

ACCUSED NOS.1 TO 3:

1 AKSHAY .P.P AGED 22 YEARS S/O.SURESHAN,PADIKKAPPUTATH HOUSE,MUNNIYOOR.P.O,CHUZHALI SOUTH, KUNATHPARAMB, MALAPPURAM, PIN - 670692

2 JISHNU AGED 24 YEARS, S/O.JAYAN,CHATTIKKAL HOUSE,MUNNIYOOR.P.O,CHUZHALI SOUTH, KUNNATHPARAMB MALAPPURAM, PIN - 670692

3 INDRAJITH C AGED 23 YEARS, S/O.INDRAJITH C, CHATTIKKAL HOUSE,MUNNIYOOR.P.O, CHUZHALI SOUTH,KUNNATHPARAMB, MALAPPURAM, PIN - 670692 BY ADVS.

BONNY BENNY SANIL JOSE AMALJITH RESPONDENT/STATE:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 SREEJA V., SR. PP THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

This revision petition has been filed challenging the dismissal of a petition for discharge filed by the accused Nos. 1 to 3 in C.C.No.1466 of 2022.

2. The offences alleged against the petitioners are under Sections 341, 323, 332, 353 r/w Section 34 of the Indian Penal Code. The prosecution allegation is that, on 17.09.2022 at 7.30 pm at Murikkal, the petitioners wrongfully restrained and physically attacked the Sub-Inspector of Police (CW1), thereby obstructed him from discharging his official duty as a public servant.

3. The petitioners filed a petition for discharge under Section 239 of Cr.P.C. on the ground that the charges against them are groundless. The learned Magistrate, after hearing both sides and perusing the records, dismissed the petition as per the impugned order.

4. I have heard Sri.Bonny Benny, the learned counsel for the petitioners and Smt.V.Sreeja, the learned Senior Public Prosecutor.

5. The defacto complainant is CW1. He specifically gave statement that on 17.09.2022 at 8.15 p.m. while he was conducting patrolling duty in his official jeep at Murikkal he noticed the petitioners in a suspected situation. He questioned as to why they were sitting there at that time. Thereupon, the petitioner No.1 tried to hold his body and when he evaded the same, the petitioner No.1 voluntarily caused hurt to him by beating him with hands on his chest and on his right shoulder and the petitioner Nos. 2 and 3 wrongfully restrained him and beat him on his back. CW1 has specifically stated the overt act on the part of the petitioners. CW Nos. 4 and 5, independent witnesses, also supported the version of CW1. The General Note Book of CW1 would show that he was discharging his official duty on that particular day. The wound certificate of CW1 would show that he was treated in hospital immediately after the alleged incident. CW9 is the doctor who treated CW1 and referred him for orthopedic consultation. It is alleged in the discharge petition that CW1 himself conducted the investigation. However, the learned Senior Public Prosecutor submitted that CW15 SHO has conducted the investigation. It is settled that while considering an application under Section 239 of the Cr.P.C., the paramount consideration is to ascertain whether a primafacie case has been made out or not.

On going through the entire records, I am satisfied that there are materials on record to attract the offence against the petitioners. Hence, the learned Magistrate has rightly rejected the petition. I see no reason to interfere with the impugned order. Accordingly, the revision petition is dismissed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA APPENDIX OF CRL.REV.PET 285/2025 PETITIONER ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE FINAL REPORT NO. 750/2022 IN CRIME NO. 697/2022 DATED 18.09.2022 FILED BY THE PARAPPANANGADI POLICE.

ANNEXURE A2 THE TRUE COPY OF THE EMERGENCY OUTPATIENT CARDS ISSUED TO THE REVISION