Satheesh Kumar B.R v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937 Crl.MC.No. 5419 of 2015 () --------------------------- CRIME NO. 473/2013 OF EDAKKARA POLICE STATION , MALAPPURAM DISTRICT ================= PETITIONER/ACCUSED:

----------------------------------- SATHEESH KUMAR B.R., S/O.BALAKRISHNAN RATNALAYAM, EDAKKARA PO, MALAPPURAM DISTRICT BY ADVS.SRI.BABU S. NAIR SRI.R.RANJITH (K/489/2011) RESPONDENTS/STATE & DEFACTO COMPLAINANT:

--------------------------------------------------------------------------

1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM KOCHI- 682031, FOR THE SUB INSPECTOR OF POLICE EDAKKARA POLICE STATION, MALAPPURAM DISTRICT

2. TP.VARGHESE, S/O.POULOSE, THANNIKKAL HOUSE KATTICHIRA, POOKOTTUMANNA PO, CHUNGATHARA MALAPPURAM DISTRICT, PIN 679334 R1 BY PUBLIC PROSECUTOR SRI. JUSTIN JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 5419 of 2015 () APPENDIX PETITIONER'S EXHIBITS ------------------------------------ ANNEXURE A: TRUE COPY OF THE FIR IN CRIME NO.473/2013 OF THE EDAKKARA POLICE STATION DATED 14.09.2013 ANNEXURE B: TRUE COPY OF THE REPORT SUBMITTED BY THE INSPECTOR OF POLICE NILAMBUR IN CRIME NO.473/2013 ANNEXURE C: TRUE COPY OF THE REPRESENTATION SUBMITTED BY 54 PLUS TWO STUDENTS OF CLASS S2 OF PETITIONER'S SCHOOL RESPONDENTS' EXHIBITS -------------------------------------- NIL TRUE COPY P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- Crl.M.C.No.5419 of 2015 --------------------------------------- Dated this the 23rd day of September, 2015

O R D E R

The petitioner herein is the sole accused in Crime No.473/2013 of the Edakkara Police Station registered under Section 379 IPC, Section 118(d) of the Kerala Police Act, and Section 66A of the Information Technology Act. Later, Section 379 IPC was deleted and report to that effect was filed by the investigating officer before the learned Magistrate on 18.10.2013. Annexure-B is the copy of the said report. Now, what remains is Section 118(d) of the Kerala Police Act and Section 66A of the Information Technology Act. Recently, the Honourable Supreme Court has declared these two Sections unconstitutional. In such a situation, investigation in the said crime cannot proceed. Now, it is submitted by the learned Public Prosecutor, on instructions, that the police has been thinking of submitting report before the learned Magistrate for investigation under Section 500 IPC. The police cannot make investigation into such an offence, because cognizance under Section 500 IPC is clearly barred under the law.

Crl.M.C.No.5419 of 2015 A prosecution under Section 500 IPC is possible only on a complaint made by the aggrieved person. The police cannot submit final report under Section 500 IPC, when cognizance is barred under the law. In short, this crime cannot proceed further, when the two sections now remaining for investigation stand declared unconstitutional by the Honourable Supreme Court.

In the result, this petition is allowed. The FIR and further proceedings in Crime No.473/2013 of the Edakkara Police Station, Malappuram District will stand quashed under Section 482 Cr.P.C.

Sd/- P. UBAID, JUDGE sd