Kerala High Court
Suresh Babu vs The State Of Kerala on 28 January, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 28TH DAY OF JANUARY 2020 / 8TH MAGHA, 1941
Crl.MC.No.93 OF 2020(B)
AGAINST THE ORDER/JUDGMENT IN CC 221/2015 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, KALPETTA
CRIME NO.104/2015 OF Vythiri Police Station , Wayanad
PETITIONER/S:
1 SURESH BABU,
AGED 48 YEARS
S/O. NARAYANAN, CHITTEPURATH HOUSE, PANTHARADAM
PALAM, KUNNATHIDAVAKA, WAYANAD DISTRICT.
2 MANEESH
AGED 30 YEARS
S/O. MOHANAN, THAZHEPERUNTHARNILAM HOUSE,
THOTTILPEEDIKA, CHEVARAMBALAM, KOZHIKKODE DISTRICT.
3 REJULAL P.K
AGED 36 YEARS
S/O. UNNI, THAZHEKOLLERI HOUSE,
THOTTILPEEDIKA, CHEVARAMBALAM, KOZHIKKODE DISTRICT.
4 JAYAKRISHNAN
AGED 37 YEARS
S/O. RADHAKRISHNAN, PRATHEEKSHA HOUSE,
CHAMUNDIPARAMBU, ERANHIPALAM, KOZHIKODE DISTRICT.
5 BIBIN
AGED 36 YEARS
POOLACHALIL HOUSE, N.G. O QUARTERS, KOZHIKKODE,
KOZHIKKODE DISTRICT.
6 PRAVEEN
AGED 36 YEARS
S/O. PRAKASHAN, PRAKKULAM HOUSE, N.G.O QUARTERS,
KOZHIKKODE, KOZHIKKODE DISTRICT.
7 PRAVEENKUMAR,
AGED 37 YEARS
S/O. SASIDHARAN,
KEERTHANAM HOUSE, VELLIMADUKUNNU, KOZHIKODE DISTRICT.
Crl.MC.No.93 OF 2020(B) 2
8 ARUNKUMAR
AGED 37 YEARS
DEEPALAYAM HOUSE,
PEEDIKATHODIYIL, MALAPARAMBU, KOZHIKKODE,
KOZHIKKODE DISTRICT.
9 ARUNKUMAR
AGED 48 YEARS
S/O. RAMU, CHITTEPURATH HOUSE,
KOLICHAL, VYTHIRI, WAYANAD DISTRICT.
BY ADV. SRI.K.RAKESH
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
2 THE INSPECTOR OF POLICE
VYTHIRI, WAYANAD DISTRICT, PIN-673576.
3 THE SUB INSPECTOR OF POLICE,
VYTHIRI POLICE STATION,
WAYANAD DISTRICT, PIN-673576.
OTHER PRESENT:
SR PP SRI C.S HRITHWIK.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.93 OF 2020(B) 3
O R D E R
Dated this the 28th day of January 2020 Petitioners are accused in Crime No.104/2015 of Vythiri Police Station presently pending before the Judicial First Class Magistrate Court, Kalpetta as CC No.221/2015 for having allegedly committed offences punishable under Sections 3(2)
(a), 4(2)(c) and under Section 5 of the Immoral Traffic (Prevention) Act, 1956 (in short 'ITP Act').
2. The main ground on which the petitioners challenge the prosecution is that the detection was made by the Sub Inspector of Police, Vythiri alleged to be under authorization at Annexure A by the Circle Inspector of Police, Vythiri. It is an admitted fact that the Circle Inspector of Police is an authorized officer and that the Sub Inspector of Police is not an authorized officer who could detect the offence under the ITP Act. Annexure A authorization is signed by the Inspector of Police on 10.03.2015, whereas the alleged detection was on 09.03.2015. Hence it is explicit that the Sub Inspector of Police had conducted the detection without a proper authorization.
Crl.MC.No.93 OF 2020(B) 4
3. Moreover, the learned counsel appearing for the petitioners also pointed out that under Section 14(ii) of the ITP Act, the special police officer can only require any officer subordinate to him to arrest without warrant otherwise than in his presence and detection is not permitted.
Under the circumstances, I find that the prosecution is inherently bad and therefore, I do not intend to venture into the other aspects of whether the offence under the ITP Act is attracted or not in this case. Under the circumstances, the Crl.M.C is allowed and the entire proceedings as against the petitioners in C.C No.221/2015 on the files of the Judicial First Class Magistrate Court, Kalpetta stands quashed under Section 482 of Cr.P.C. and the accused are discharged.
SD/-
ASHOK MENON JUDGE rmm Crl.MC.No.93 OF 2020(B) 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT, DATED 9.3.2015.
ANNEXURE B TRUE COPY OF THE FINAL REPORT/CHARGE IN CRIME NO.104/2015 OF VYTHIRI POLICE STATION.
ANNEXURE A TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 9.3.2015.
ANNEXURE B TRUE COPY OF THE FINAL REPORT/CHARGE IN CRIME NO.104/2015 OF VYTHIRI POLICE STATION.