The revision petitioners are the accused in a case chargesheeted
by the Sub Inspector of Police, Peermedu Police Station in Crime No. 778
of 2011 for the offences under Sections 143, 144 147 188, 294(b), 341
and 332 r/w 149 IPC.
2. The trial court convicted and sentenced the accused for the
offences under Sections 143 147 144 and 332 r/w 149 IPC and the
appellate court dismissed the appeal confirming the conviction and the
sentence passed by the trial court.
3. Heard Sri. T.D. Robin, the learned counsel for the revision
petitioners and Sri. Alex M. Thombra, the learned Senior Public
Prosecutor for the respondent.
4. The learned counsel for the revision petitioners argued that in
the absence of a complaint in writing from the public servant as
contemplated under Section 195 Cr.P.C., the conviction and sentence
2026:KER:14807
passed against the revision petitioners/accused is not legally sustainable.
It is pointed out that the main allegation against the revision petitioners
is that they disobeyed the order of PWs 1 to 3 Police Constables and
attacked them and caused hurt. It is alleged that while the Police
Constables were on duty near Elappara Private busstand on
24.12.2011., at about 6.45 p.m., the accused persons formed an
unlawful assembly and committed the alleged overtact. Admittedly,
there is no written complaint from the public servant concerned or from
a public servant to whom they are subordinate as required under Section
195 Cr.P.C.
