The court upheld the dismissal of a petition to quash criminal proceedings based on the petitioners' actions obstructing official duties.

ORDER

The accused Nos.1 and 2 in CC No.1374/2017 on the files of the Judicial First Class Magistrate Court I, Hosdurg, have filed this petition under Section 482 Cr.P.C to quash the proceedings against them. They face criminal prosecution for the commission of offences under Sections 341 and

353 IPC read with Section 34 .

2. The prosecution case is that on 12.04.2017 at about 11 am, the petitioners barged in to the KSEB office at a place called Chittari under the pretext of enquiring about the application for electrical connection submitted by them, and thereafter physically assaulted and verbally abused CW1 to CW3, who were the employees of that office. It is alleged that the 1st accused attempted to hit CW1 with a chair and pushed down the files of that office. The accused Nos.1 and 2 are further alleged to have pushed down CW2 and CW3 while they were on duty in that office. Thus, the petitioners are alleged to have committed offences under Sections 341 and 353 IPC read with Section 34 . The SI of Police, Hosdurg, has filed the Final Report in connection with the aforesaid offences.

3. In the present petition, the petitioners would contend that they are totally innocent, and that a false case has been foisted against them. It is stated that the offence under Section 353 IPC is not attracted in the facts and circumstances of this case, since there was no criminal force applied by the petitioners upon the de facto complainant and the other employees of KSEB.

4. Heard the learned counsel for the petitioners and the learned Public Prosecutor representing the State of Kerala.

5. The Final Report and the accompanying records would clearly reveal that the petitioners resorted to verbal abuse and physical assault upon an Asst. Engineer of KSEB (CW1) and the other officers like Overseer, Sub Engineer etc., who are arraigned as CWs 2 and 3. In the Final Report, CWs 1 to 4 are cited as witnesses to prove the occurrence. The statements of the above witnesses with regard to the precise criminal acts committed by the petitioners are recorded by the Investigating Officer. It is apparent from the Final Report and the other accompanying records that the petitioners herein have resorted to physical assault and verbal abuse upon CW1 to CW3 at a time when they were on duty at the KSEB office, and that by the aforesaid acts, the petitioners prevented the above witnesses from discharging their official duties. The truth or falsity of the aforesaid allegations are to be decided by the learned Magistrate after recording evidence in the case. It is not possible for this Court to conduct a mini trial or an enquiry as to the probative value of the evidence which the prosecution proposes to adduce in the case. Needless to say, the prayer of the petitioners to quash the proceedings against them, cannot be allowed. In the result, the petition is hereby dismissed.

Sd/-