Binu v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 Crl.MC.No. 6902 of 2015 --------------------------- CC 722/2013 of J.M.F.C., KAYAMKULAM CRIME NO. 1340/2010 OF KAYAMKULAM POLICE STATION, ALAPPUZHA PETITIONER/ACCUSED :- ------------------------------------- BINU, S/O.BHARATHAN, MINI NIVAS, EAST OF OODATHIL JUNCTION, PERINGALA MURI, KAYAMKULAM VILLAGE.
BY ADV. SRI.BASANT BALAJI RESPONDENT/COMPLAINANT :- ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.I.OF POLICE, KAYAMKULAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 682 036.
R BY SRI.JUSTIN JACOB, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6902 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :- -------------------------------------------- ANNEXURE -1 : CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1340/2010 OF KAYAMKULAM POLICE STATION.
RESPONDENT(S)' ANNEXURES :- NIL --------------------------------------------- //TRUE COPY// P.A. TO JUDGE
P.UBAID, J.
============================ Crl.M.C.No.6902 of 2015 ============================ Dated this the 27th day of October, 2015
ORDER
The petitioner herein has been facing prosecution in C.C.No.722 of 2013 of the Judicial First Class Magistrate Court, Kayamkulam under Section 66(A) of the Information Technology Act. He seeks orders quashing the said prosecution on the ground that the said section stands declared unconstitutional by the Honourable Supreme Court. In Shreya Singhal v. Union of India [2015(2) KLT 1 (SC)], the Honourable Supreme Court has strucked on Section 66(A) of the IT Act, and also Section 118(d) of the Kerala Police Act as unconstitutional. In such a situation, the present prosecution under the said Section cannot proceed.
In the result, this petition is allowed. The prosecution against the petitioner in C.C.No.722 of 2013 of the Judicial First Class Magistrate Court, Kayamkulam will stand quashed under Section 482 Cr.P.C. Sd/- P.UBAID JUDGE //TRUE COPY// P.A. TO JUDGE