To attract offences under Sections 341 and 353 IPC and Section 117(e) of Kerala Police Act, obstructions to police duties are sufficient even without actual use of criminal force.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 26^TH DAY OF FEBRUARY 2026 / 7TH PHALGUNA, 1947 CRL.MC NO. 1684 OF 2026 CRIME NO.631/2023 OF Pathanapuram Police Station, Kollam AGAINST THE ORDER/JUDGMENT DATED IN CC NO.397 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PATHANAPURAM PETITIONERS/ACCUSED 1 TO 3:

1 NIJAS H AGED 29 YEARS PARANKIMAMVILA VEEDU, MUTHUKUZHY MURI, PATHANANAPURAM P.O & VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN - 689695

2 SREEKUMAR AGED 26 YEARS CHENGARAPILLIL VEEDU, S.N. KAVALA, VANDANAM P.O., AMBALAPUZHA VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT, PIN - 688005

3 JOJI JOSEPH AGED 29 YEARS VAIKKATHETHU VEEDU, NEAR ST. MARY’S SCHOOL, NADUKKUNNU NORTH, PATHANAPURAM P.O & VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN - 689695 BY ADVS.

SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.R.RAJESH (VARKALA)

SRI.T.S.SARATH SHRI.SAMEER M NAIR SMT.SAILAKSHMI MENON SMT. AASHI K. SHAJAN SHRI.HAFEEZ MUHAMMED SMT.BINITHA MARIA THOMAS SMT.AKZA SUSAN BENCY RESPONDENTS/STATE & IO:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER PATHANAPURAM POLICE STATION, KOLLAM DISTRICT, PIN -

689695 OTHER PRESENT:

SR PP SMT SEETHA S THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

26.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

C.S.DIAS, J.

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Crl.M.C. No. 1684 of 2026 -----------------------------------------

Dated this the 26^th day of February, 2026

O R D E R

The petitioners are the accused 1 to 3 in C.C. No.

397/2023 on the file of the Court of the Judicial First Class Magistrate, Pathanapuram (‘Trial Court’, for short), which has originated from Crime No. 631/2023 registered by the Pathanapuram Police Station, Kollam, for allegedly committing the offences punishable under Sections 341 and 353 read with Section 34 of the Indian Penal Code (‘ IPC ’, for brevity) and Section 117 (e) of the Kerala Police Act (‘KP Act’, for short).

2. The petitioners have filed the Criminal Miscellaneous Case to quash the FIR, Final Report and all further proceedings in the above case, on the assertion that, even if the allegations in the final report are taken on their face value, it will not attract the offences.

3. The gravamen of the prosecution case is that;

On 07.05.2023, at 21:05 hours, acting on a telephonic information that the staff members of the Kerala State Beverages Corporation, Pathanapuram, were being attacked, a police party reached the scene of the occurrence. When the police party attempted to take one Riyas Khan to the Police Station, who allegedly disrupted the work of CW1, who was working for the above- mentioned Corporation, the accused persons threatened and used criminal force to prevent CWs 6 to 8 and 11 from discharging their official duties. Furthermore, the accused blocked the police vehicle and attempted to forcibly take away Riyas Khan. Thus, the accused have committed the above offences.

4. I have heard the learned counsel for the petitioners and the learned Public Prosecutor.

5. The learned counsel for the petitioners strenuously argues that, even if the allegations in the final report are taken on their face value, the same would not attract the offences alleged against the petitioners. In fact, the petitioners have not used criminal force as alleged by the prosecution, which is necessary to attract the offence under Section 353 IPC . Moreover, merely because the petitioner's had questioned the police for illegally arresting their friend cannot attract the offences under or 341 . The case has been registered only to harass the petitioners. The