Kerala High Court
Manilal vs State Of Kerala on 12 February, 2019
Author: B.Sudheendra Kumar
Bench: B.Sudheendra Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY ,THE 12TH DAY OF FEBRUARY 2019 / 23RD MAGHA, 1940
Crl.MC.No. 1096 of 2019
AGAINST THE ORDER/JUDGMENT IN CC 85/2014 of JUDICIAL FIRST CLASS
MAGIST. COURT, CHOTTANIKKARA(TEMPORARY)
CRIME NO. 277/2013 OF CHOTTANIKKARA POLICE STATION , Ernakulam
PETITIONER/S:
MANILAL
AGED 39 YEARS
S/O. PANKAJAKSHAN,
THEKKEDATH HOUSE,
TRICHATTUKULAM,
PANAVALLY, ALAPPUZHA DISTRICT.
BY ADVS.
SRI.S.RENJITH
SRI.S.UNNIKRISHNAN (NELLAD)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM-682031.
2 THE STATION HOUSE OFFICER,
CHOTTANIKKARA POLICE STATION,
ERNAKULAM-682312.
SRI.C.S. HRITHWIK, SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 1096 of 2019
ORDER
The petitioner is the 1st accused in C.C.85/2014 on the files of the court below. The offences alleged are punishable under Sections 7(1) and 7(2)(c) of the Immoral Traffic (Prevention) Act, 1956 (for short 'the ITP Act').
2. The prosecution allegation is that, on 06.06.2013, at about 1.30 p.m., the 1st accused had sexual intercourse with a lady in room No.205 of a lodge belonging to the 2nd accused.
3. The petitioner has filed this Crl.M.C. praying for quashing the final report and further proceedings against the petitioner in the above said case.
4. Heard.
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5. The learned counsel for the petitioner has submitted that since the Sub Inspector, who was not a Special Police Officer under the ITP Act, conducted the investigation and filed the Final Report before the court, no successful prosecution against the petitioner can be sustained.
6. Sub-section (1) of Section 13 of the ITP Act provides that there shall be for each area to be specified by the State Government in this behalf, a Special Police Officer appointed by or on behalf of that Government for dealing with offences under the ITP Act in that area. Sub-section (2) Section 13(1) of the ITP Act provides that the Special Police Officer shall not be below the rank of an Inspector of Police. Section 2(i) of the ITP Act defines "Special Police Officer", which means a police officer appointed by or -4- Crl.MC.No. 1096 of 2019 on behalf of the State Government to be in charge of police duties within a specified area for the purpose of the ITP Act. As per SRO No.344/2002, the Government of Kerala, in exercise of powers under Section 13(1) of the ITP Act appointed Circle Inspector of Police of Pravom as "Special Police Officer" for dealing with the offences under the ITP Act, within Chottanikkara area.
7. In this case, the FIR was registered by CW10, who was the then Sub Inspector of Police, Chottanikkara Police Station. Thereafter, he conducted the investigation and filed the final report before the court. Admittedly, CW10 was not a Special Police Officer appointed under Section 13(1) of the ITP Act. Therefore, the investigation conducted and the final report filed by CW10 were without -5- Crl.MC.No. 1096 of 2019 jurisdiction and authorization. In the said circumstances, no successful prosecution can be sustained against the petitioner. Therefore, no purpose will be served even if the prosecution against the petitioner is permitted to be continued. In the said circumstances, I am inclined to quash the final report and further proceedings against the petitioner in the above said case, in exercise of the inherent power under Section 482 of Cr.P.C., to meet the ends of justice. It is ordered accordingly.
In the result, this Crl.M.C. stands allowed.
Sd/-
B.SUDHEENDRA KUMAR JUDGE Nkr/13.02.2019 -6- Crl.MC.No. 1096 of 2019 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.277 OF 2013 OF CHOTTANIKKARA POLICE STATION.
ANNEXURE A2 CERTIFIED COPY OF THE CHARGE SHEET IN C.C.NO.85 OF 2014 OF JUDICIAL 1ST CLASS MAGISTRATE COURT, CHOTTANIKKARA.
RESPONDENT/S EXHIBITS: NIL