IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1897 of 2009()
1. LAZAR, AGED 55 YEARS,
... Petitioner
2. JOHNSON GEORGE, AGED 37 YEARS,
3. FRANCY ANTONY, AGED 38 YEARS,
4. IGNATIOUS, AGED 40 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :29/06/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No.1897 OF 2009
===========================
Dated this the 29th day of June,2009
ORDER
Petitioners are accused 5 to 8 on the file of
Judicial First Class Magistrate Court I, Thrissur. The
prosecution case is that on 14.7.2008 at about 7.40 p.m
accused 1 to 4 ex-students of St.Thomas College,
Thrissur alleging that College authorities are
compulsorily collecting amounts from the first year
degree students for the college function, trespassed
into the room of the Principal. Petitioners herein
accused 5 to 8 came to that room to help the Principal
from them and there was a fight and first accused
hit on the table and broken the glass and second
accused threw the plastic chair and caused it to be
broken and thereby committed a loss of Rs.1000/- to the
College and all the accused committed offences under
sections 160 and 427 of Indian Penal Code. This
petition is filed under section 482 of Code of Criminal
Procedure to quash Annexure B charge as against the
petitioners contending that they have no common
intention with accused 1 to 4 and in fact they came
Crl.M.C.1897/2009 2
to the room of the Principal only at the request of the
Principal and they neither committed any trespass nor any
damages and therefore the case as against them is only an
abuse of process of the court.
2. Learned counsel appearing for the petitioners and
learned Public Prosecutor were heard.
3. Annexure B final report submitted by the Sub
Inspector of Thrissur Town Police Station show that it was
accused 1 to 4 who committed trespass into the room of the
Principal objecting to the compulsory collection of funds
from the first year degree students and petitioners, the
members of the pastoral Council came to that room only in
aid of the Principal and not along with accused 1 to 4.
Therefore even as per the allegations in the final report,
an offence under section 427 of Indian Penal Code will not
lie as against the petitioners, who came to the room of the
Principal on the request of the Principal and that too to
help him and not to commit any damages.
4. Section 160 of Indian Penal Code provides for
punishment for committing affray Section 159 defines
affray as when two or more persons, by fighting in a public
place, disturb the public peace, they are said to commit an
affray. Even as per the allegations in Annexure B charge,
petitioners came to the room of the Principal on his
Crl.M.C.1897/2009 3
request, when accused 1 to 4 trespassed into the room
questioning the authority of collection of funds
compulsorily from first year degree students for the
college function. The room of the principal is not a
public place. Hence even if in the altercation between
accused 1 to 4 and petitioners breach of peace had
occurred, it cannot be said as a disturbance to the public
peace as provided under section 159 of Indian Penal Code.
Therefore an offence under section 160 of Indian Penal Code
is not attracted against the accused. As pointed out by
the learned counsel appearing for the petitioners when the
very case of the prosecution is that petitioners reached
the room of the Principal to help the Principal,
prosecution of the petitioners for the offences under
section 160 and 447 of IPC is only an abuse of process of
the court.
Petition is allowed. C.C.1723/2008 on the file of
Judicial First Class Magistrate Court I, Thrissur as
against the petitioners is quashed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006