Kerala High Court
Jyothish Bhat vs State Of Kerala on 19 November, 2020
Author: P.Somarajan
Bench: P.Somarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WP(C).No.31201 OF 2018(A)
PETITIONER:
JYOTHISH BHAT,
AGED 39 YEARS,S/O.LATE DIVAKARA BHAT, PUTHENVEED,
CMC-13, CHERTHALA, ALAPPUZHA.
BY ADV. SRI.B.PRAMOD
RESPONDENTS:
1 STATE OF KERALA
REP. BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE SUB INSPECTOR OF POLICE,
CHERTHALA POLICE STATION, CHERTHALA,
ALAPPUZHA-688524.
3 OMANA SUKUMARAN,
W/O. SUKUMARAN, 'SUKUMA', VARANAD P.O,
CHERTHALA, ALAPPUZHA-688524.
R3 BY ADV. SMT.AMBILI P.MADHAVAN
PUBLIC PROSECUTOR.SRI.E.C.BINEESH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.31201 OF 2018(A) 2
JUDGMENT
A crime was registered against the Ward councilor under Section 120(o) of the Kerala Police Act, 2001, based on a message posted in a facebook regarding the unauthorized construction made by the 3rd respondent over the Government land by committing encroachment. Admittedly regarding the construction, the municipality has issued a stop memo but no other action worth the name was taken thereafter. Ext.P6 is the vigilance report submitted after conducting a preliminary enquiry, it would reveal the highhanded act of the 3rd respondent over the Government land by committing encroachment. What is posted in the facebook is the true version of the act done by the 3rd respondent and the inaction on the part of the municipality. At the most he will come under the purview of a "whistleblower", against to whom a crime was registered by the police without even WP(C).No.31201 OF 2018(A) 3 satisfying the ingredient which would constitute the offence. The alleged crime and further proceedings thereof being an abuse of process of is court hereby quashed, by allowing the W.P.(C).
W.P.(C) is allowed in part accordingly.
Sd/-
P.SOMARAJAN JUDGE msp WP(C).No.31201 OF 2018(A) 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE FIS IN CRIME NO.1545 /2018 OF CHERTHALA POLICE STATION.
EXHIBIT P2 TRUE COPY OF THE FIR IN CRIME NO.1545/2018 OF CHERTHALA POLICE STATION.
EXHIBIT P3 TRUE COPY OF THE PRINT OUT OF THE PETITIONER'S FACE BOOK POST.
EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE STOP MEMO DATED 09.7.2018.
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 30.5.2015 ISSUED BY THE DISTRICT SURVEY SUPERINTENDENT.
RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE