Muhammed Fouse Manaparambil vs State Of Kerala
2023 Latest Caselaw 9630 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                        CRL.MC NO. 2945 OF 2023
        IN SC 1377/2021 OF FAST TRACK SPECIAL COURT II, MANJERI
   CRIME NO.200/2018 OF     MANCHERRY POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED:

             MUHAMMED FOUSE MANAPARAMBIL
             AGED 25 YEARS, S/O MUHAMMED SHAFI,
             MANAPARAMBIL, MANAPARAMBIL HOUSE, MANGALASSERY,
             KARUVAMBRAM P.O. MALAPPURAM DISTRICT, PIN - 676 123.

             BY ADVS.
                     SUSANTH SHAJI
                     ALBIN A. JOSEPH


RESPONDENTS/STATE, INVESTIGATION OFFICER & DEFACTO COMPLAINANT:

    1        STATE OF KERALA
             REPRESENTED : BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM, PIN - 682 031.

    2        THE STATION HOUSE OFFICER,
             MANCHERRY POLICE STATION, MALAPPURAM DISTRICT,
             PIN - 676 121.

    3        THE SUB INSPECTOR OF POLICE,
             MANCHERRY POLICE STATION, MALAPPURAM DISTRICT,
             PIN - 676 121.

             BY ADV. SRI. G SUDHEER (PP)


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC NO.2945 OF 2023            2




                            ORDER

Petitioner was the 13th accused in Crime No.200/2018

of Mancherry Police Station, Malappuram District, alleging

commission of offence punishable under Section 228 A(1)

of the Indian Penal Code and Section 23 (4) r/w Section 23

(1) of the Protection of Children from Sexual Offences Act

(POCSO Act), 2012. The precise allegation against the

petitioner and the other accused is that they were all

members and administrators of a WhatsApp group, in

which certain details regarding a minor victim who was

raped and killed at Kathwa, Jammu & Kashmir was shared.

2. The learned counsel appearing for the petitioner

would submit that after the filing of a final report, the

case was numbered as SC No.1377/2021 on the file of the

Fast Track Special Court-II, Manjeri. It is submitted that

thereafter the trial against some of the accused was split

up and the case was renumbered as SC No.671/2023 on

the file of the same court. It is submitted that several of

accused have pleaded guilty and they have been imposed

with fine of Rs.10,000/-. It is submitted that two non-

bailable warrants are now pending against the petitioner.

It is submitted that the petitioner is now abroad and

intends to come to India on 11-09-2023, in connection with

his marriage. It is submitted that there is absolutely no

allegation even in the final report that the petitioner had

posted any message and he has been roped in as an

accused only on the ground that he was one of the

administrators of the group. The learned counsel also

relies on the judgment of this Court in Manual v. State

of Kerala and another; 2022 (2) KHC 142, to contend

that mearly by being an administrator of a WhatsApp

group, the petitioner cannot be prosecuted for the offence

alleged against him.

3. The learned Public Prosecutor submits that the

case against the petitioner is now pending as SC

No.1534/2021 on the file of the Fast Track Special Court,

Manjeri, and the petitioner is the 2nd accused in that

sessions case.

4. Having heard the learned counsel for the

petitioner and the learned Public Prosecutor and having

regard to the judgment of this Court in Manual (supra), I

am of the view that the proceedings against the petitioner

can be quashed. There is no statement in the final report

which would indicate that the petitioner was in any

manner responsible for the posting of any content. He has

been roped in on the ground that he was one of the

administrators of the WhatsApp group in question. Taking

into consideration the law laid down by this Court in

Manual (supra), merely only the ground that the

petitioner was one of the administrators of the WhatsApp

group in which certain content was shared, he cannot be

stated to have committed the offence under Section 23 of

the POCSO Act.

Accordingly, the Crl.MC is allowed. All further

proceedings against the petitioner in SC No.1534/2021 on

the file of the Fast Track Special Court, Manjeri, Court

will stand quashed.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF CRL.MC 2945/2023

PETITIONER'S ANNEXURES

Annexure 1 TRUE PHOTOSTAT COPY OF THE FIR IN CRIME NO.200/2018 DATED 20.04.2018 MANCHERRY POLICE STATION

Annexure 2 CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE 2ND RESPONDENT IN CRIME NO. 200/2018 IN MANCHERRY POLICE STATION DATED 22.09.2021

Annexure 3 CERTIFIED COPY OF THE LIST OF WITNESSES SUBMITTED BY THE 2ND RESPONDENT IN CRIME NO. 200/2018 ON THE FILES OF MANCHERRY POLICE STATION DATED 22.09.2021