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2018 Supreme(Online)(KER) 36232

HIGH COURT OF KERALA
K.ABRAHAM MATHEW, J
ARSHAD N N – Appellant
Versus
THE STATE OF KERALA – Respondent


ORDER

Petitioners are the accused in Crime No.736 of

2018 of Hosdurg Police Station, Kasaragod registered for the offences under Section 283 of IPC and Section 120 (b) of the Kerala Police Act 2011. They are the Owner and the Manager respectively of an Auditorium situated on the side of NH 17 at Kanhangad. The auditorium had been booked by certain persons for a marriage reception on 24/07/2018. The prosecution case is that, those who came to attend the reception, parked their vehicles in a dis orderly manner on both sides of the national highway causing traffic block along the national highway. It was with the connivance of the petitioners they did so. The proceedings are sought to be quashed on the ground that the facts of the case do not attract the offences so far as the petitioners are concerned.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

3. Section 283 of IPC is applicable only when a person does any act, or by omitting to take order with any property in his possession or under his charge, causing danger, obstruction or injury to any person in any public way. In this case the prosecution has no case that it was the petitioners who parked th

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