Kerala High Court
Krishnan Kartha vs K.Dinakaran on 20 November, 2019
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 20TH DAY OF NOVEMBER 2019 / 29TH KARTHIKA, 1941
OP(Crl.).No.510 OF 2019
[CMP NO.4199A/2019 ON THE FILES OF JFCM COURT, KATTAKKADA]
PETITIONER/PETITIONER/COMPLAINANT:
KRISHNAN KARTHA, AGED 55 YEARS
S/O. LATE SRIKANTAN KARTHA @ G. S. KARTHA, RESIDING
AT 'DAAKSHINYAM', NEAR POLICE COLONY,
PULIYARAKONAM, THIRUVANANTHAPURAM (RESIDING WITHIN
THE LIMITS OF VILAPPILSALA POLICE STATION)
BY ADVS.
SRI.ARUN KUMAR.P
SRI.LIJIN THAMBAN
RESPONDENTS/RESPONDENTS/ACCUSED & STATE:
1 K.DINAKARAN, AGED 59 YEARS
S/O. JANARDHANAN, SECRETARY, KERALA THEOSOPHICAL
FEDERATION, RESIDING AT 'SAROJA', TRIKKUR, THRISSUR
DISTRICT -680 306, MOBILE - 9495739773. (RESIDING
WITHIN THE LIMITS OF OLLUR POLICE STATION,
THRISSUR)
2 STATION HOUSE OFFICER
VILAPPILSALA POLICE STATION, REPRESENTED BY PUBLIC
PROSECUTOR, HIGH COURT OF KERALA - 682 031.
3 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA - 682 031.
OTHER PRESENT:
SMT.V.SREEJA PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
20.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(Crl.) 510/2019
2
JUDGMENT
Dated this the 20th day of November, 2019 The petitioner has filed this Original Petition for a direction to the Magistrate to consider CMP No.4199-A/2019 also along with the original private complaint taken on the files by the Judicial First Class Magistrate's Court, Kattakkada as CMP No.4199/2019 for offences allegedly punishable under Section 500 IPC. The learned Magistrate recorded the oral statements of the complainant as also two witnesses and was convinced about proceeding against the accused for offences punishable under Section 500 IPC. Yet no action has been taken in CMP No.4199- A/2019 for a direction to the Police authorities to seize the communication device of the accused persons so as to substantiate the oral evidence adduced by the complainant, with electronic OP(Crl.) 510/2019 3 evidence. The learned Magistrate has directed the SHO, Vilappilsala Police Station to enquire and file a report under Section 202(1) Cr.PC, but at the same time, has not done anything with CMP No.4199-A/2019, which does not appear to be proper because seizure of the electronic device which communicated the allegedly defamatory messages will have to be seized at the earliest so as to support the evidence of the complainant regarding his allegation of defamation. The learned Magistrate shall go through the judgment of this Court in Jisal Rasak v. State of Kerala [2019 (4) KHC 928] wherein the importance of the electronic evidence is emphasised and stated with clarity. An expert examination of the electronic evidence is also mentioned in Section 79A of the Information Technology Act, which about who and how an electronic evidence has to be examined. Under the circumstances, the Original Petition is disposed of with a direction to the OP(Crl.) 510/2019 4 Magistrate to consider CMP No.4199-A/2019 expeditiously and dispose the petition.
Sd/-
ASHOK MENON JUDGE jg OP(Crl.) 510/2019 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER AGAINST THE RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KATTAKADA NUMBERED AS CMP NO.4199/2019.
EXHIBIT P2 TRUE COPY OF THE PETITION FILED UNDER SEC. 202(1) CR.P.C FOR A DIRECTION TO THE POLICE TO SEIZE THE COMMUNICATION DEVICE OF THE RESPONDENT.
EXHIBIT P3 SCREEN SHOT OF THE DEFAMATORY STATEMENT MADE BY THE ACCUSED.