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2026 Supreme(Online)(Ker) 11145

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOHNSON JOHN, J
BENCHAMIN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: T.D. Robin
For the Respondents: Alex M. Thombra

ORDER

The revision petitioners are the accused in a case chargesheeted by the Sub Inspector of Police, Peermedu Police Station in Crime No. 778 of 2011 for the offences under Sections 143, 144 147 188, 294(b), 341 and 332 r/w 149 IPC.

2. The trial court convicted and sentenced the accused for the offences under Sections 143 147 144 and 332 r/w 149 IPC and the appellate court dismissed the appeal confirming the conviction and the sentence passed by the trial court.

3. Heard Sri. T.D. Robin, the learned counsel for the revision petitioners and Sri. Alex M. Thombra, the learned Senior Public Prosecutor for the respondent.

4. The learned counsel for the revision petitioners argued that in the absence of a complaint in writing from the public servant as contemplated under Section 195 Cr.P.C., the conviction and sentence passed against the revision petitioners/accused is not legally sustainable. It is pointed out that the main allegation against the revision petitioners is that they disobeyed the order of PWs 1 to 3 Police Constables and attacked them and caused hurt. It is alleged that while the Police Constables were on duty near Elappara Private busstand on 24.12.2011., at about 6.45 p.

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