Lawyer Accused Of Threatening NCB Officer Moves Kerala High Court For Quashing FIR
An advocate has moved a plea before the Kerala High Court seeking to quash an FIR registered based on a complaint by Narcotics Control Bureau's Intelligence Officer alleging that the former had criminally intimidated the officer during remand proceedings.
According to the plea, a crime was registered by the Ernakulam Town Police Station alleging commission of offences under Sections 351(2) [Criminal intimidation] and 224 [Threat of injury to public servant] of the Bharatiya Nyaya Sanhita based on the officer's private complaint.
The prosecution allegation is that the petitioner, a practicing advocate, threatened the officer at the premises of the CBI Special Court in Ernakulam with future consequences in connection with the legal proceedings against the petitioner's client. It is further alleged that the threat was to prevent the officer from discharging his official duties.
It is stated that the allegations are totally false and that the FIR does not disclose any factual particulars constituting the ingredients of the offences alleged. Moreover, the case has been initiated as a counter blast for advising his client to disclose the alleged custodial violence suffered to the Special Court.
It is stated that the petitioner's client, an accused in a NDPS case, was stripped naked, assaulted, tied up, suspended upside down and subjected to physical torture for extracting statements. The petitioner has also stated that considerable obstruction was made by the NCB officials when he attempted to contact the client to obtain instructions in the case.
Further, it is pointed out that the petitioner has not received any service of notice or summons or any other communication from the Magistrate, which is stated to have issued the direction for registration of the FIR.
The plea further states that the petitioner received a phone call yesterday from the police asking him to appear and furnish an explanation regarding the crime. The plea also discloses that the NCB officer has threatened to implicate him in a narcotics case. Moreover, the officer had verbally abused the petitioner and threatened him, which was witnessed by several lawyers, it is stated.
“When the petitioner requested the police officer to disclose the essential particulars of the case, including the FIR number, the identity of the complainant, the penal provisions invoked, and to furnish a copy of the FIR, the police officer, in a harsh and arbitrary manner, refused to divulge any such information. Instead, the officer categorically stated that the police had no intention of furnishing those particulars and further threatened that, in the event of the petitioner's failure to appear before the Station House Officer, he would be arrested forthwith,” states the plea.
The petitioner has thus prayed for quashing the criminal case registered against him.
He has stated that “criminal law cannot be permitted to be employed as an instrument of vengeance against an Advocate for discharging his professional duties.”
The plea is moved by Advocate P.T. Sheejish.
Case No: Crl.M.C. No. 5436 of 2026
Case Title: Yoosuf Safwan v. State of Kerala and Ors.