Nishan Nisam vs State Of Kerala
2021 Latest Caselaw 12616 Ker

Crl.M.C.2617/2021
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                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                 THE HONOURABLE MR. JUSTICE SUNIL THOMAS
       FRIDAY, THE 28TH DAY OF MAY 2021 / 7TH JYAISHTA, 1943
                          CRL.MC NO. 2617 OF 2021
PETITIONER:

               NISHAN NISAM, AGED 24 YEARS
0




               S/O.NISAM, VANIYANTAZHIKAM, VETTOOR P.O.,
               THIRUVANANTHAPURAM DISTRICT-695 312.

               BY ADV P.ANOOP (MULAVANA) (K/1037/2005)-10922



RESPONDENT/STATE:

       1       STATE OF KERALA
               REPRESENTED BY PUBIC PROSECUTOR, HIGH COURT OF
               KERALA, ERNAKULAM-682 031.

       2       STATION HOUSE OFFICER,
               VARKALA POLICE STATION, VARKALA, THIRUVANANTHAPURAM
               DISTRICT-695 141.


OTHER PRESENT:

               PP MAYA M.N



THIS       CRIMINAL   MISC.   CASE   HAVING    COME   UP   FOR   ADMISSION   ON
28.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.2617/2021
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                               JUDGMENT

Second respondent initiated proceedings against the petitioner

under section 107 Cr.P.C by filing Crime No.187 of 2021 of Varkala

Police Station evidenced by Annexure-1. It seems that, the premise

on which section 107 Cr.P.C proceedings were initiated against the

petitioner is that, he was causing hindrance to the peaceful life of the

people of the locality and if he is premitted to move freely, there is

every likelihood of the petitioner indulging in disturbing public

tranquility. Essentially, this was based on a premise that, he was

involved in an earlier case.

2. Challenging the above proceedings, learned counsel for

the petitioner contended that, section 107 Cr.P.C does not empower

the authority to register an FIR invoking the provision. The likelihood

of the commission of offence cannot be a ground, unless it is based on

definite, cogent materials. It seems that, petitioner herein was

involved in one earlier case which was involving offences under

sections 342, 294(b), 323, 324, 506 and 308 in Crime No.3472 of

2020. It is seen that the above crime was quashed by Annexure-A2

order of this Court in Crl.M.C.No.4747 of 2020.

3. Heard the learned Government Pleader who informed that

the above proceedings were initiated at a time when election was

being held and as a preventive measure, proceedings were initiated. Crl.M.C.2617/2021

The facts do not justify the registration of a crime involving section

107 Cr.P.C. Under the above provision, the Magistrate can only call

upon the party to show cause, why proceeding under S.107Cr.P.C to

execute bond shall not be initiated. Apart from that, petitioner was

involved in an earlier crime. No material was placed before the

authority to reach a conclusion justifying invocation of section 107

Cr.P.C proceeding against the petitioner. Having considered these

facts, I am inclined to quash the entire proceedings as against the

petitioner.

In the result, Crl.M.C. is allowed. All further proceedings

arising from Crime No.187 of 2021 of Varkala Police Station will stand

quashed.

Petitioner has filed Crl.M.A.No.2 of 2021 in the above Crl.M.C.

to issue Police Clearance Certificate pending consideration of the

Crl.M.C. In the light of the disposal of Crl.M.C., Crl.M.A. is also

closed directing the authority concerned to pass appropriate orders,

as expeditiously as possible, on the request made for Police Clearance

Certificate.

Sd/-

SUNIL THOMAS JUDGE Sbna/