ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.51 of 2017 on the file of the learned Judicial Magistrate No.II, Nagercoil, as against the petitioners.

2.The case of the prosecution is that on 29.03.2016, when the second respondent, who was serving as Head Constable along with one Home Guard were on police patrol, at about 11.00 p.m., at Pataslayanvilai Junction, the accused persons had restrained and abused the defacto complainant and thereby threatened him with dire consequences. Further, they also restrained him from discharging their official duty.

3.The learned counsel appearing for the petitioners would submit that it is not at all possible to believe that the police officer, who was accompanied by a Home Guard, was abused, assaulted and threatened with dire consequences that too in the junction. Originally, on the complaint lodged by the second respondent, a case has been registered in Crime No.219 of 2016 for the offences under Sections 294(b), 383, 353 and 506(ii) of I.P.C. Subsequently, after completion of investigation filed final report for the offences under Sections 294(b), 353 and 506(ii) of I.P.C. He further submitted that no of