The petitioner is an advocate practicing in Ernakulam. According to the plea filed before the Kerala High Court, the Ernakulam Town Police Station registered a criminal case based on a private complaint submitted by an Intelligence Officer of the Narcotics Control Bureau. The FIR invokes Sections 351(2) (criminal intimidation) and 224 (threat of injury to a public servant) of the Bharatiya Nyaya Sanhita. The case bears number Crl.M.C. No. 5436 of 2026 and is titled Yoosuf Safwan v. State of Kerala and Ors.
The petitioner states that the allegations are entirely false. He contends that the FIR fails to mention any factual particulars that would satisfy the essential ingredients of the offences alleged. The plea further asserts that the criminal case has been initiated as a counter‑measure after the petitioner advised his client, who is an accused in a NDPS matter, to disclose alleged custodial violence suffered during interrogation.
The petitioner describes that his client was stripped naked, assaulted, tied up, suspended upside down and subjected to physical torture in order to extract statements. He adds that NCB officials obstructed his attempts to meet the client and obtain instructions. The petitioner says he has not received any notice, summons or other communication from the Magistrate who allegedly directed the registration of the FIR.
The plea also mentions that the petitioner received a telephone call from the police requesting his appearance to furnish an explanation regarding the offence. It further alleges that the NCB officer threatened to implicate the petitioner in a narcotics case, verbally abused him and made threats in the presence of several lawyers.
When the petitioner asked the police officer to disclose the FIR number, the identity of the complainant, the penal provisions invoked and to provide a copy of the FIR, the officer allegedly refused in a harsh and arbitrary manner, stating that the police had no intention of furnishing those particulars and warning that failure to appear before the Station House Officer would result in immediate arrest.
The petition relies on Sections 351(2) and 224 of the Bharatiya Nyaya Sanhita. Section 351(2) deals with criminal intimidation, which requires proof of a threat to cause injury to a person, his reputation or property, with the intention to alarm that person or to cause him to do an act which he is not legally bound to do. Section 224 penalises a threat of injury to a public servant to deter him from discharging his official duty. The petitioner argues that the allegations lack the requisite specificity to constitute either offence.
The petitioner has prayed that the Kerala High Court quash the FIR and set aside the criminal proceedings. He has emphasized that criminal law must not be employed as an instrument of vengeance against an advocate for discharging his professional duties. The plea is presently pending before the Kerala High Court, and no order on the matter has been passed as of the date of the filing.