Judgment · High Court · 2009

Crl.MC.No. 1071 of 2009(F) -------------------------------- CC.574/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL .................... PETITIONER(S): ACCUSED ------------------------------- SATHYADAS, S/O. PUNNOOSE, K.P.N. MANDIRAM, SWAMIYAR MADOM, CHEMPAZHANTHY.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT ----------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1071 OF 2009 = = = = = = = = = = = = = = = Dated this the 24th day of March, 2009.

O R D E R This petition is filed with a prayer to set aside Annexure II and proceedings thereon. The grievance of the petitioner is that the Police has falsely implicated him in a case u/s 224 IPC in order to save their face and therefore it is liable to be quashed. On the other hand the prosecution would contend in execution of a warrant of arrest issued by a competent Court the police want to apprehend him and while he was being put into jeep he pushed the police and ran away and in the process fell down and sustained injuries as well. So their contention is that there was resistance or obstruction by a person who is lawfully apprehended which attracts an offence u/s 224 IPC. The learned counsel would contend that there was no arrest warrant pending against the person and therefore the question of a lawful apprehension does not arise at all. These are all matters which requires not only pure legal consideration but application of law on a factual Crl.M.C. 1071 OF 2009 -:2:- matrix. The proper remedy for the party is to move the Court where the case is pending for a discharge so that the entire materials can be made available and the matter can be heard and disposed of. If the applicant moves an application for exemption u/s 205 Cr.P.C. let that also be considered by the Court sympathetically and appropriate orders be passed. With this direction this Crl.M.C is dismissed. ul/- M.N. KRISHNAN, JUDGE.