Nasarudheen Elamaram vs State Of Kerala on 4 October, 2018

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Kerala High Court

Nasarudheen Elamaram vs State Of Kerala on 4 October, 2018

Bench: K.Abraham Mathew

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

           THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

    THURSDAY ,THE 04TH DAY OF OCTOBER 2018 / 12TH ASWINA, 1940

                     Crl.MC.No. 7392 of 2015

IN CC 610/2014 of ADDITIONAL CHIEF JUDICIAL MAGISTRATE, THALASSERY

      CRIME NO. 723/2013 OF Kathirur Police Station , Kannur



PETITIONERS/ACCUSED NO. 1 TO 4 :-


      1      NASARUDHEEN ELAMARAM
             AGED 48 YEARS
             S/O MUHMMED ANZARI MANZIL, CHERUVAYOOR P.O,ELAMARAM,
             VAZHAKKAD, MALAPPURAM

      2      M. K MANOJ KUMAR
             S/O LOCHAN, MANALIKKUDI. HOUSE, O.M. ROAD MALAMURI,
             PERUMBAVOOR. P.O, ERNAKULAM

      3      SAFEER P.P
             S/O SAINUDHEEN, SHAMEENA MANZIL, KOTTAYAMPOIL P.O,
             PATHAYAKUNNY VIA PIN-670 691

      4      SIDDIQUE. K.P
             S/O P. MAMMU, VATHUKKAL PARAMBATHKOTTAYAMPOIL.P.O
             PATHAYAKUNNU, PIN-670 691

             BY ADV. SRI.P.M.HABEEB


RESPONDENT/STATE & COMPLAINANT :-


             STATE OF KERALA
             THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
             ERNAKULAM-682 031

             SRI. C .K PRASAD PUBLIC PROSECUTOR


 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
 04.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No. 7392 of 2015

                                        2

                                  O R D E R

The Petitioners are accused in C.C.No. 610 of 2014 on the file of the Additional Chief Judicial Magistrate, Thalassery. They are alleged to have committed the offences under sections 120B, 500 and 501 IPC and section 118(d) of Kerala Police Act. The allegation is that they published certain defamaing matter against a high ranking police officer of the state by sticking them on a wall of a bank building. The proceedings are sought to be quashed on the ground that it was illegal for the Magistrate to take cognizance on police report.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

3. Cognizance of the offences under sections 500 and 501 IPC can be taken only on a complaint filed by the aggrieved person as provided in section 199(1) Cr.P.C. It was illegal for the Magistrate to take cognizance of the said offences on police report. Section 118(d) K.P Act has been struck down by the Crl.MC.No. 7392 of 2015 3 Supreme Court. Even otherwise the Magistrate should not have taken cognizance of that offence on the police report. The offence under section 120B IPC has no independent existence. For these reasons the proceedings in the trial court are liable to be quashed.

In the result, this Crl.M.C is allowed. The proceedings in C.C. 610 of 2014 on the file of the Additional Chief Judicial Magistrate, Thalassery are quashed.

K. ABRAHAM MATHEW, JUDGE SMA Crl.MC.No. 7392 of 2015 4 APPENDIX PETITIONER'S/S ANNEXURES :-

ANNEXURE A THE CERTIFIED COPY OF THE FINAL REPORT RESPONDENT(S)' ANNEXURES :- NIL //TRUE COPY// PA TO JUDGE SMA

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