Kerala High Court
Abhishek Singh (Ias) vs Amit Meena (Ias) on 16 May, 2014
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
WEDNESDAY, THE 13TH DAY OF JANUARY 2016/23RD POUSHA, 1937
Crl.MC.No. 6802 of 2014 ()
---------------------------
CRIME NO. 1210/2014 OF PERINTHALMANNA POLICE STATION,
MALAPPURAM
----------------
PETITIONER/ACCUSED :
--------------------------------
ABHISHEK SINGH (IAS), AGED 32 YEARS,
S/O. S.S.MEENA, RESIDING AT X-16, PATLIPUTRA,
PATLIPUTRA ENCLAVE, AMBABARI, JAIPUR
RAJASTHAN (PRESENTLY WORKING AS JOINT MAGISTRATE,
MORADABAD, UTTAR PRADESH)
BY ADVS.SRI.V.G.ARUN
SRI.T.R.HARIKUMAR
RESPONDENT/DE-FACTO COMPLAINANT & STATE :
------------------------------------------------------------------------
1. AMIT MEENA (IAS)
SUB COLLECTOR & SUB DIVISIONAL MAGISTRATE,
PERINTHALMANNA, MALAPPURAM DISTRICT
2. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, KOCHI-682 031
R1 BY ADV. SRI.NIRMAL. S
R2 BY ADDL. DIRECTOR GENERAL OF PROSECUTION SRI. ABDUL RASHEED
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 13-01-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
bp
Crl.MC.No. 6802 of 2014 ()
---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-------------------------------------
ANNX.I: - TRUE COPY OF THE ACKNOWLEDGMENT DATED 16-05-2014 ISSUED
BY THE NATIONAL HUMAN RIGHTS COMMISSION
ANNX.II:- TRUE COPY OF THE CALL LOG OF THE PETITIONER EVIDENCING
THAT HE RECEIVED 3 PHONE CALLS FROM THE NUMBER
09446520900 ON 27-05-2014.
ANNX.III: - ATRUE COPY OF THE TRANSCRIPT OF THE CONVERSATION
ON 27-05-2014
ANNX.III(A);- ATRUE COPY OF THE ENGLISH TRANSLATION OF ANNEXURE-III.
ANNX.IV:- A TRUE COPY OF THE COMPLAINT SUBMITTED BY RICHA BEFORE
THE DISTRICT MAGISTRATE, MATHURA DATED 28-05-2014.
ANNX.V:- ATRUE COPY OF THE COMPLAINT SUBMITTED BY RICHA BEFORE
THE CHIEF SECRETARY, MADHYA PRADESH DATED 28-05-2014.
ANNX.VI: - A TRUE COPY OF THE COMPLAINT SUBMITTED BY RICHA BEFORE
THE CHIEF SECRETARY, KERALA DATED 17-06-2014.
ANNX.VII: - ATRUE COPY OF THE REPLY ISSUED BY THE STATE PUBLIC
INFORMATION OFFICER OF THE KERALA POLICE DEPARTMENT
DATED 19-08-2014.
ANNX.VIII: - A TRUE COPY OF THE COMPLAINT DATED 06-08-2014 FILED BY THE
FIRST RESPONDENT BEFORE THE DISTRICT COLLECTOR,
MALAPPURAM.
ANNX.IX: - ATRUE COPY OF THE LETTER DATED 22-08-2014 FORWARDED BY
THE DISTRICT COLLECTOR, MALAPPURAM TO THE DISTRICT POLICE
CHIEF, MALAPPURAM.
ANNX.X:- A TRUE COPY OF THE FIR DATED 22-08-2014 IN CRIME NO.1210 OF
2014 OF THE PERINTHALMANNA POLICE STATION.
ANNX.XI: - A TRUE COPY OF THE PRELIMINARY REPLY SUBMITTED BY THE
PETITIONER BEFORE THE DY. SP, PERINTHALMANNA,
DATED 04-09-2014 ALONG WITH ACKNOWLEDGMENT.
ANNX.XII:- A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER
BEFORE THE DY.SP PERINTHALMANNA, DATED 20-09-2014.
ANNX.XIII: - A TRUE COPY OF THE FIR DATED 15-09-2014 IN CRIME 77/2014 OF THE
SADAR BAZAR POLICE STATION, MATHURA ALONG WITH REPORT OF
THE ASP, MATHURA DATED 04-09-2014.
CRL.MC.NO. 6802 OF 2014 ()
ANNX.XIII(A): - ATRUE COPY OF THE ENGLISH TRANSLATION OF ANNEXURE-XIII.
ANNX.XIV:- A TRUE COPY OF THE REPORT FILED BY THE STATION HOUSE
OFFICER OF MAHILA THANA, BHOPAL DATED 10-09-2014.
ANNX.XIV(A):- ATRUE COPY OF THE ENGLISH TRANSLATION OF ANNEXURE-XIV
RESPONDENT(S)' EXHIBITS : NIL
//TRUE COPY//
P.A.TO JUDGE
bp
[CR]
B. KEMAL PASHA, J.
=====================
CRL.M.C.No.6802 of 2014
======================
Dated this the 13th day of January, 2016
O R D E R
The 1st respondent herein, who was the Sub Collector and the Sub Divisional Magistrate, Malappuram, had preferred Annexure-VIII representation before the District Collector, Malappuram, complaining about harassment from his Junior Officer, who is none other than the petitioner herein.
2. In fact, Annexure-VIII does not reveal any cognizable offence at all. Immediately on getting Annexure- VIII, the District Collector, Malappuram forwarded Annexure- VIII to the District Police Chief, Malappuram, thereby requesting for urgent action and with a direction to register a First Information Report immediately. On getting Annexure- CRL.M.C.No.6802 of 2014 -: 2 :- VIII, even without recording the statement of the 1st respondent, the Sub Inspector of Police, Perinthalmanna registered Annexure-X First Information Report, thereby registering Crime No.1210 of 2014, for the offences under Section 506(i) IPC and Section 118(d) of the Kerala Police Act.
3. The narrations made in Annexure-VIII do not contain necessary ingredients to bring out any such offence as mentioned in 118(d) of the Kerala Police Act as it then stood. Subsequently, the Apex Court has struck down Section 118(d) of the Kerala Police Act as unconstitutional.
4. Annexure-X clearly shows that the crime was registered based on the directions issued by the District Collector on the basis of Annexure-VIII, which was forwarded to the Deputy Superintendent of Police, Perinthalmanna.
5. It seems that the Sub Inspector of Police, Perinthalmanna has given a go by to the procedure contained under Section 155(1) and (2) Cr.P.C. As per CRL.M.C.No.6802 of 2014 -: 3 :- Section 155(1) Cr.P.C., when information was given to an officer in charge of the Police Station, with regard to the commission of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in the book meant for the same and refer the informant to the Magistrate. Here, Annexure-VIII had never revealed the commission of any cognizable offence. At the most, it can be stated that there were glimpses of some materials showing an offence under Section 506(i) IPC. Apart from that, Annexure-VIII was also not specific in bringing out an offence under Section 506(i) IPC. Specific details were not shown. As per Section 155(2) Cr.P.C., no police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.
6. The District Collector has no power or authority to order an investigation under Section 155(2) Cr.P.C. Even by exercising the powers of an Executive Magistrate, a District Collector cannot order an investigation under Section 155(2) CRL.M.C.No.6802 of 2014 -: 4 :- Cr.P.C., since an Executive Magistrate is not a Magistrate having power to try such case or commit the case for trial.
7. Matters being so, the Sub Inspector of Police, Perinthalmanna could not have validly registered Crime No.1210 of 2014 based on Annexure-VIII, coupled with the directions of the District Collector, Malappuram. The entire procedure adopted by the Sub Inspector of Police, Perinthalmanna are per se illegal and the and Annexure-X First Information Report in Crime No.1210 of 2014 of the Perinthalmanna Police Station and all further proceedings based on it, as against the petitioner herein, are liable to be quashed.
8. At the same time, the 1st respondent is at liberty to have recourse to the procedure available under the Code of Criminal Procedure,1973 for initiating criminal proceedings, in case, he is entitled to.
In the result, this Crl.M.C. is allowed and Annexure-X First Information Report in Crime No.1210 of 2014 of the Perinthalmanna Police Station and all further proceedings CRL.M.C.No.6802 of 2014 -: 5 :- based on it, as against the petitioner herein, are quashed, of course with the above liberty to the 1st respondent.
Sd/-
B. KEMAL PASHA, JUDGE.
DSV/13/1/16 // True Copy // P.A. To Judge