ORDER

This Criminal Original Petition has been filed to quash the charge sheet in C.C.No.307 of 2019 on the file of the Judicial Magistrate No.II, Nagercoil as against the petitioners.

2.According to the petitioner, the first respondent registered FIR in Cr.No.45 of 2019 for the offence under Sections 294(b), 353, 506(ii) IPC and thereafter, the petitioner was arrested and remanded to judicial custody. Then, the first respondent investigated the case and filed final report as against the petitioner and the same was taken on file in C.C. No.307 of 2019 by the learned Judicial Magistrate No.II, Nagercoil. Prosecution case is that on 08.02.2019 at about 10.00 pm., when the Sub Inspector was on duty at Kottar Police Station, the defacto complainant, who is the Special Sub Inspector of Police, had appeared before him and gave complaint stating that on 08.02.2019, when the defacto complainant on duty at night patrol at around 1.30 am., along with Special Sub Inspector of Police, they enquired name and address of the accused person, near Irullappapuram Sivan Kovil Street, at that time, the accused abused the defacto complainant in filthy language and thereby, restrained the defacto complainant and other two policemen form discharging their official duty and they also criminally intimidated them. When the defacto complainant tried to catch the accused, he ran away from the scene of occurrence. Hence, the defacto complainant lodged a complaint and FIR was also registered in Cr.No.45 of 2019 and final report also filed. In fact, the accused was student at Cape Polytechnic College. When he was on the way to his house, the respondent police and the defacto complainant abused the petitioner and also assaulted him for the reasons best known to them. Only in order to defend themselves from further prosecution, the present complaint was lodged as against the petitioner. Even according to the compliant and final report, no offences are made out. Since the defacto complainant is the Police, without conducting proper investigation, final report was filed and thereby, final report is liable to be quashed.

3.No counter was filed by the respondents.

4.The learned counsel appearing for the petitioner would contend that the petitioner was a student at the time of occurrence and no such occurrence was happened as alleged in FIR. In fact, the defacto complainant and other police only assaulted the petitioner in the name of enquiry and also harassed him and thereby, he was taken to the police station, there also, he was assaulted by the police and then, he was remanded to judicial custody. In order to escape from the legal steps, which would be taken by the petitioner, the defacto complainant has given false complaint. Even as per the complaint, there is no ingredients to prove offence under Sections 353 and 506(ii) IPC and only they inserted abusive words in the particulars of the complaint and no such occurrence was happened. Even as per the contention of FIR, the allegations are unbelievable. Therefore, pending charge sheet as against the petitioner is clear abuse of process of law. Hence, impugned charge sheet is liable to be quashed.

5.The learned Government Advocate(Crl.side) appearing for the first respondent would submit that on the date of occurrence, when the defacto complainant along with police were on patrol duty, the petitioner came there and they enquired him. During the course of enquiry, the petitioner abused the police officials in filthy language and threatened them and thereby, he restrained the police official from discharging official duty. Thereafter, he ran away from the place of occurrence. Hence, the defacto complainant lodged a complaint and then, the first respondent registered FIR. After elaborate investigation, since there are prima facie materials available to proceed further as against the petitioner, the first respondent filed final report. At this stage, the charge sheet as against the petitioner cannot be quashed and the