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2025 Supreme(Online)(Ker) 56956

IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, J
MALTUMKAR YESHWANT – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.K.S.ARUN KUMAR, SHRI.VIJAY SANKAR V.H., SMT.LAKSHMI T.R.
For the Respondents: SRI. VIPIN NARAYANAN, PP.

ORDER The petitioner, a native of Telangana State, was arrayed as the accused in Crime No.221 of 2025 registered at the Pampa Police Station on the allegation that, at around 12:30 AM on 23.12. 2024 , on being questioned about the petitioner parking his vehicle obstructing the movement of the other vehicles from the parking ground to the public road, the petitioner got out of the vehicle and pushed the 2nd respondent, a Police Officer on duty, causing Officer’s KAP insignia and nameplate to fall off. After investigation, the Police filed final report for offences under Section 285 of BNS and Section 117 (e) of the Kerala Police Act .

2. Learned counsel for the petitioner contends that the essential ingredient for attracting the offence under Section 117 (e) of the Kerala Police Act is the accused’s manifest intention to prevent the Police Officer from discharging his duties by threatening, obstructing, or assaulting the Officer. The allegation of pushing the 2nd respondent, even if taken to be true, cannot be termed as an act done with manifest intention of threatening, obstructing or assaulting the Officer. In support of the argument that, in the absence of manifest intention, the

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