Kerala High Court
Suresh Oommen vs State Of Kerala Represented By The ... on 14 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942
Crl.MC.No.5060 OF 2016
AGAINST THE ORDER/JUDGMENT IN CC 633/2015 OF JMFC - VIII,
ERNAKULAM (TEMPORARY)
AGAINST THE ORDER/JUDGMENT IN CRMP 690/2012 DATED 12-11-2012 OF
ENQUIRY COMMISSIONER& SPECIAL JUDGE,THRISSUR
PETITIONER/ACCUSED:
1 SURESH OOMMEN
S/O.OOMMEN, AGED 43 YEARS, 32/812, PALARIVATTOM,
THAMMANAM PIPE LINE JUNCTION, KOCHI.
2 BALAKRISHNAN KURUVAN,
S/O.SREEDHARAN, AGED 49 YEARS, KURUVATHU VEEDU,
ELAMAKKARA P.O, EDAPPALLY SOUTH VILLAGE, KOCHI.
3 JOHNSON PADAMADAN,
S/O.LONAPPAN, AGED 54 YEARS, PADAMANVEETTIL,
CHEMBUKAVU, THRISSUR.
4 NAJEEB, S/O.ABDUL MAJEED, AGED 50 YEARS, KAINALIL
VEETTIL, KAMBIVELIKKAKOM, VAZHAKKALA,
KAKKANAD, KOCHI.
5 NAVAZ
S/O.MOHAMMED AGED 46 YEARS, KARIMBAYIL VEETTIL,
THAYIKKATTUKARA, ALUVA WEST, KOCHI.
BY ADVS.
SRI.T.K.SASINDRAN
SRI.T.S.SHYAM PRASANTH
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 030, [CRIME NO.
161/13 OF PANANGAD POLICE STATION].
PUBLIC PROSECUTOR.SRI.RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
14.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.5060 OF 2016 2
ORDER
Alleging assault and use of criminal force
while discharging official function by the
accused persons, who are the President and
Secretary of Bus Owners Association and others,
the AMVI approached the Police and caused to
register the crime alleging offence under
Sections 141, 143, 147, 353, 294(b) r/w Section
149 IPC and Section 3(1) of PDPP Act, against
which, the petitioners/accused came up on the
ground that the offence under Section 353 IPC
will not stand attracted as there is no specific
allegation regarding their involvement and that
the case was registered without any truth or
bonafides. Going by the crime registered,
prima facie, it appears that there are
sufficient allegations to constitute the offence
under Section 353 IPC. Then it is a matter of
evidence. Hence, Crl.M.C. fails, dismissed.
Sd/-
P.SOMARAJAN
JUDGE
msp
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1. TRUE COPY OF THE COMPLAINT FILED BY THE IST
PETITIONER/ACCUSED BEFORE THE HONOURABLE
VIGILANCE COMMISSIONER AND SPECIAL JUDGE,
THRISSUR PURSUANT TO THE COMPLAINT FILED
BEFORE RTO, ERNAKULAM ON 19.9.12.
ANNEXURE A2. TRUE COPY OF THE ORDER IN CRLMP NO.115/2013
OF THE HONOURABLE COURT OF THE ENQUIRY
COMMISSIONER AND SPECIAL JUDGE, THRISSUR.
ANNEXURE A3. TRUE COPY OF THE COMPLAINT FILED BY THE 4TH
PETITIONER/ACCUSED BEFORE THE DISTRICT
COLLECTOR AND CHAIRMAN S.T.F.C ERNAKULAM.
ANNEXURE A4. TRUE COPY OF THE COMPLAINT FILED BY THE 3RD
PETITIONER/ACCUSED DATED 29.10.12 FILED
BEFORE THE COURT OF ENQUIRY COMMISSIONER
AND SPECIAL JUDGE.
ANNEXURE A5. TRUE COPY OF THE ORDER OF THE ENQUIRY
COMMISSIONER SPECIAL JUDGE, THRISSUR DATED
12.11.12.
ANNEXURE A6. TRUE COPY OF THE QUICK VERIFICATION REPORT
DATED 28.8.13 BY V.A.C.B CENTRAL RANGE,
ERNAKULAM.
ANNEXURE A7. TRUE COPY OF THE PRELIMINARY ENQUIRY REPORT
CONDUCTED BY THE DIRECTOR, VIGILANCE AND
ANTI-CORRUPTION BUREAU, TRIVANDRUM.
ANNEXURE A8. TRUE COPY OF THE FIR NO.VC 02/2015/SCE,
DATED 21.4.15.
ANNEXURE A9. TRUE COPY OF THE CERTIFIED COPY OF THE FIR
AND CHARGE SHEET IN CRIME NO.161 OF 2013
[CC NO.633 OF 2013 OF JFCMC ERNAKULAM VIII,
MARADU]
ANNEXURE A10. TRUE COPY OF THE NEWS PUBLISHED IN THE
DESHABHIMANI DAILY DATED 19.2.14.
ANNEXURE A11. TRUE COPY OF THE NEWS PUBLISHED IN
MATHRUBHUMI DAILY DATED 4.5.15.
ANNEXURE A12. TRUE COPY OF THE JUDGMENT IN MVAA NO.1/16
OF STAT DATED 30.1.16.
ANNEXURE A13. TRUE COPY OF THE DECISION REPORTED AS
2005(4) KLT, SN 25, C.NO.16.
ANNEXURE A14. TRUE COPY OF THE DECISION REPORTED AS [2014
[4] KLT SN NO. 8 C.NO.9]
//TRUE COPY//
P.A. TO JUDGE
