Milan vs The Station House Officer
2023 Latest Caselaw 11070 Ker

CRL.MC NO. 5457 OF 2023            1


               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                          CRL.MC NO. 5457 OF 2023
PETITIONER/S:

             MILAN
             AGED 54 YEARS
             S/O T.V.LALAN, PRADEEP MANDIR, RAMESWARAM,
             THOPPUMPADY, KOCHI, ERNAKULAM, PIN - 682006

             BY ADVS.
             P.P.JACOB
             JOHANS JACOB P.



RESPONDENT/S:
     1    THE STATION HOUSE OFFICER
          THOPPUMPADY POLICE STATION, THOPPUMPADY, KOCHI, PIN
          - 682006

      2      THE STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM, PIN - 682031

      3      THE VILLAGE OFFICER
             OFFICE OF THE PALLURUTHY VILLAGE, PALLURUTHY,
             ERNAKULAM, PIN - 682006


OTHER PRESENT:

             RENJITH PP




      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 5457 OF 2023         2




                     P.V.KUNHIKRISHNAN, J
                 ---------------------------------------
                    Crl.M.C. No. 5457 of 2023
                  --------------------------------------
            Dated this the 26th day of October, 2023


                             ORDER

This Crl.M.C. is filed to quash Annexure-7 FIR and

Annexure-8 final report. Annexure-8 final report is filed alleging

offences punishable under Sec. 188 IPC.

2. The prosecution case is that the petitioner violated

the stop memo issued by the Sub Collector, Fort Kochi. The

main contention of the petitioner is that the learned Magistrate

erred in taking cognizance based on Annexure-8 final report

because there is a bar in taking cognizance under Sec. 195

Cr.P.C. Hence, this Crl.M.C. is filed.

3. Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

4. Admittedly, Annexure-8 final report is filed alleging

offences punishable under Sec. 188 IPC alone. Sec. 188 IPC

deals about the disobedience to order duly promulgated by

public servant. Sec. 195 Cr.P.C. says that no court shall take

cognizance of any offences punishable under Secs. 172 to 188

(both inclusive) of the IPC except on the complaint in writing of

the public servant concerned or of some other public servant to

whom he is administratively subordinate. Admittedly,

Annexure-8 final report is filed by the Sub-Inspector of Police,

Thoppumpady Police Station. He is not an authorised person as

per Sec. 195(a)(i) of Crl.P.C. Therefore, taking cognizance

based on Annexure-8 final report is unsustainable. The upshot

of the above discussion is that taking cognizance based on

Annexure-8 is to be quashed.

Therefore, all further proceedings in ST No. 355/2022 on

the file of the Judicial First Class Magistrate Court-II, Kochi

based on Annexure-8 final report is quashed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF CRL.MC 5457/2023

PETITIONER ANNEXURES

Annexure1 TRUE PHOTO COPY OF THE RELEVANT PORTION OF THE DATA BANK SHOWING THE PROPERTY VIDE SL.NO. 380 IN SY.NO. 150/1A OF THE PALLURUTHY VILLAGE

Annexure 2 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF

AND 11 TO 19 OF THE KOCHI SUB REGISTRY DATED 01/12/2016

Annexure 3 TRUE PHOTO COPY OF THE STOP MEMO DATED 3.1.2022 ISSUED BY THE THIRD RESPONDENT

Annexure 4 TRUE PHOTO COPY OF THE ORDER IN W.P.(C) 21463/22 DATED 1.7.22

Annexure 5 TRUE PHOTO COPY OF THE ORDER ISSUED BY THE DISTRICT COLLECTOR DATED 19.7.22

Annexure 6 TRUE PHOTO COPY OF THE COMMON JUDGMENT IN W.P.(C) 21463/2022 DATED 1.2.2023

Annexure 7 CERTIFIED COPY OF THE F.I.R NO.

260/22OFTHE THOPPUMPADY POLICE STATION DATED 9.3.22

Annexure 8 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO, 260/22 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT 11, KOCHI DATED 10.3.22