Kerala High Court
Nasarudheen vs State Of Kerala on 19 November, 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
TUESDAY, THE 19TH DAY OF NOVEMBER 2019 / 28TH KARTHIKA, 1941
Crl.MC.No.7039 OF 2019(H)
CC 275/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-I,NEYYATINKARA
CRIME NO.1562/2013 OF Nemom Police Station ,
Thiruvananthapuram
PETITIONERS/ACCUSED 1 TO 3:
1 NASARUDHEEN
AGED 53 YEARS
S/O.MUHAMMED MASTER, ELAMARAM KARIMBANATHODI
VEEDU, VAZHAKKAD VILLAGE, CHERUVAYOOR,
EDAVANNAPARA, MALAPPURAM DISTRICT
2 M.K.MANOJ KUMAR
AGED 53 YEARS
S/O.M.K.KOCHAN, MANALIKKUZHI HOUSE, O.M.ROAD,
MALAMURI, PERUMBAVOOR.P.O., ERNAKULAM.
3 ASHARAF
AGED 49 YEARS
S/O.ABDULKHADAR, RAFICA MANZIL, CHEMBILAVILA,
PRAVACHAMBALAM, CHANAL KARA, PALLICHAL VILLAGE,
NEMOM.
BY ADV. SRI.P.M.HABEEB
RESPONDENT/COMPLAINANT:
STATE OF KERALA
THROUGH PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, (STATION HOUSE OFFICER, NEMOM POLICE
STATION) ERNAKULAM-682031
SMT M K PUSHPALATHA - SR PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
04.11.2019, THE COURT ON 19.11.2019 PASSED THE FOLLOWING:
Crl.M.C.No.7039/2019
2
R.NARAYANA PISHARADI, J
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Crl.M.C.No.7039 of 2019
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Dated this the 19th day of November, 2019
ORDER
The petitioners are accused 1 to 3 in the case C.C.No.275/2016 on the file of the Court of the Judicial First Class Magistrate, Neyyattinkara. This petition is filed under Section 482 Cr.P.C for quashing the proceedings against the petitioners in the case.
2. The offences alleged against the petitioners are punishable under Sections 500, 501 and 505(2) read with 120B I.P.C and Section 118(d) of the Kerala Police Act, 2011.
3. The prosecution case is that the accused affixed posters at a public place which contained statements defamatory to Mr.Sen Kumar, who was the Additional Director General of Police and that the contents of the posters affixed by the accused were intended to cause enmity and hatred among the members Crl.M.C.No.7039/2019 3 of his community.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. The case against the petitioners was suo motu registered by the Sub Inspector of Police, Nemom police station. After conducting the investigation of the case, he filed chargesheet against the petitioners for the offences mentioned above.
6. The offences punishable under Sections 500 and 501 of the Indian Penal Code are in Chapter XXI of the Code. Section 199(1) Cr.P.C provides that no court shall take cognizance of an offence provided under Chapter XXI of the Indian Penal Code except upon a complaint made by some person aggrieved by the offence. The court has no power to take cognizance of the offences punishable under Sections 500 and 501 I.P.C on the basis of the final report filed by the police.
7. In order to attract an offence punishable under Section 505(2) I.P.C, atleast two groups or communities shall be involved. Merely inciting the feelings of one community or group, Crl.M.C.No.7039/2019 4 without reference to any other community or group, will not attract the offence punishable under Section 505(2) I.P.C (See Bilal Ahmad Kaloo v. State of A.P : AIR 1997 SC 3483).
8. In the instant case, the final report filed by the police does not make any reference to two or more communities. There is no allegation that the accused committed any act intending to create enmity or hatred between two groups or communities or religions.
9. The Supreme Court has struck down Section 118(d) of the Kerala Police Act, 2011 as unconstitutional (See Shreya Singhal v. Union of India : AIR 2015 SC 1523).
10. There is absolutely no material to find that the petitioners had hatched any conspiracy to commit any of the offences mentioned above.
11. In the aforesaid circumstances, the proceedings against the petitioners are liable to be quashed.
12. Consequently, the petition is allowed. The entire proceedings against the petitioners in the case C.C.No.275/2016 on the file of the Court of the Judicial First Class Magistrate, Crl.M.C.No.7039/2019 5 Neyyattinkara, arising out of Crime No.1562/2013 of Nemom police station, are hereby quashed.
(sd/-) R.NARAYANA PISHARADI, JUDGE jsr/18/11/2019 Crl.M.C.No.7039/2019 6 APPENDIX PETITIONERS' EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE CHARGE ANNEXURE B TRUE PHOTOCOPY OF THE ORDER DATED
13.07.2016 RESPONDENT'S EXHIBITS: NIL TRUE COPY PS TO JUDGE