IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
VINU THOMAS – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. accusation details against the petitioner. (Para 1 , 2) |
| 2. court observations on the case and procedure. (Para 3 , 8 , 9 , 10 , 11) |
| 3. arguments presented by both sides. (Para 4 , 5) |
| 4. final ruling on the merit and dismissal. (Para 12) |
ORDER
The petitioner is the accused in C.C.No.598/2018 on the file of the Court of the Additional Chief Judicial Magistrate, Ernakulam, (‘Trial Court’, in short), which has originated from the Crime No.342/2007 registered by the Ernakulam Town North Police Station, alleging the commission of the offence punishable under Section 451 and 353 of the Indian Penal Code, 1860 (for brevity, ‘ IPC ’).
2. The crux of the prosecution case is that; on 28.05.2007, while defacto complainant, the Circle Inspector of Ernakulam Town North Police Station, was questioning the accused in Crime No.151/2007 of the Cheranellur Police Station, Ernakulam and the petitioner obstructed the Investigating Officer from carrying on his official duty. Thus, the accused has committed the above offences.
3. I have heard, the learned counsel for the petitioner and the learned Public Prosecutor.
4. The learned counsel for the petitioner strenuously argues that, even if
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