Aruthewnow Pavin vs The State Of Kerala
2021 Latest Caselaw 15074 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE ASHOK MENON
         FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
                        CRL.MC NO. 5345 OF 2020
             CRIME NO.503/2018 OF CHERTHALA POLICE STATION
 AGAINST THE ORDER/JUDGMENT IN CP 18/2019 OF JUDICIAL MAGISTRATE OF
                  FIRST CLASS -I, CHERTHALA, ALAPPUZHA
PETITIONER/S:

            ARUTHEWNOW PAVIN
            AGED 31 YEARS
            S/O.RAJAPPAN, MADAVANA, VAYALAR PANCHAYAT WARD NO.1,
            VAYALAR EAST VILLAGE, PATTANAKADU P.O., CHERTHALA TALUK,
            ALAPPUZHA DISTRICT, PIN-688 531

            BY ADVS.
            V.N.SANKARJEE
            SRI.V.N.MADHUSUDANAN
            SMT.R.UDAYA JYOTHI
            SRI.M.M.VINOD
            SMT.M.SUSEELA
            SMT. KEERTHI B. CHANDRAN
            SHRI.VIJAYAN PILLAI P.K.
            SRI.C.PURUSHOTHAMAN NAIR



RESPONDENT/S:

     1      THE STATE OF KERALA
            REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM-682 031
 CRL.MC NO. 5345 OF 2020
                                      2



     2      THE SUB INSPECTOR OF POLICE
            CHERTHALA POLICE STATION, ALAPPUZHA DISTRICT-688 524


OTHER PRESENT:

            SRI.C.S.HRITHWIK-SR PP




     THIS   CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 5345 OF 2020
                                    3




                              O R D E R

The petitioner is the 2nd accused in Crime No.503/2018

of Cherthala Police Station, which is presently pending

committal as C.P.No.18/2019 on the files of the Judicial

First Class Magistrate Court-I, Cherthala. It is now stated

that committal proceedings are over and the matter has been

committed for trial to the Court of Sessions. The

petitioner and other accused are accused of having

committed the offences punishable under Sections 143, 147,

332 and 333 read with Section 149 of the I.P.C.

2. The petitioner is a member of the United Nurses

Association and on 11.02.2018 at about 4.15 PM, the members

of the Association allegedly obstructed the National

Highway in front of Cherthala K.V.M. Hospital and when the

police personnel attempted to arrest and remove them, the

1st accused twisted the fingers of left hand of CW10 and

caused fracture to his finger and the 2nd accused allegedly CRL.MC NO. 5345 OF 2020

twisted the fingers of CW9 and caused injury to his fingers

and accused 3 to 12 also assaulted the police personnel,

CW1 to CW8, who also got injured. Thus the accused persons

obstructed and deterred the police personnel, who are

public servants, from discharging their official duties and

also caused simple hurt and grievous hurt to them and in

consequence of which the present crime was registered.

There is a specific allegation against the petitioner that

he had twisted the fingers of CW9 causing injury to him.

3. The petitioner states that the evidence is falsely

foisted and witnesses have been secured to perjure against

the accused persons. Hence, it is stated that the entire

proceeding has to be quashed under Section 482 Cr.P.C. The

allegations of the petitioner against the police officers

and that they had foisted false evidence, are all matters

to be tried and determined by the trial court. At this

stage it is not possible to hold that the allegations are

untrue. Prima facie there are sufficient allegations to

attract the offences punishable under Sections 332 and 333 CRL.MC NO. 5345 OF 2020

of the I.P.C., which are very grave offences. Therefore, I

am of the opinion that the petitioner is not entitled to

get the case thrown overboard at the threshold. The

Crl.M.C. is therefore dismissed and the petitioner is

directed to face trial. However, it is made clear that the

petitioner is at liberty to plead for discharge at the time

of framing of charge before the trial court.

Sd/-

ASHOK MENON JUDGE dkr CRL.MC NO. 5345 OF 2020

APPENDIX OF CRL.MC 5345/2020

PETITIONER ANNEXURE

ANNEXURE I CERTIFIED COPY OF THE CHARGE SHEET DATED 25.4.2018 WITH F.I.R. DATED 11.2.2018, IN CRIME NO.503/2018 OF THE CHERTHALA POLICE STATION

ANNEXURE II TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 23.5.2012 ISSUED BY THE DEPUTY REGISTRAR OF TRADE UNIONS

ANNEXURE III TRUE COPY OF THE JUDGMENT DATED 29.8.2017 OF THIS COURT IN W.P.(C) NO.28416/2017

ANNEXURE IV TRUE COPY OF THE STATEMENT DATED 4.12.2017 (WITHOUT ANNEXURES) FILED BY THE ASSISTANT LABOUR OFFICER, CHERTHALA IN CRL.M.C. NO.8213/2017 BEFORE THIS HONOURABLE COURT

ANNEXURE V TRUE COPY OF THE STATEMENT DATED 4.12.2017 (WITHOUT ANNEXURES) FILED BY THE ASSISTANT LABOUR OFFICER, CHERTHALA IN CRL.M.C. NO.8215/2017 BEFORE THIS HONOURABLE COURT