Kerala High Court
K.S. Murali vs State Of Kerala on 4 January, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 10531 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945
CRL.MC NO. 10531 OF 2023
CRIME NO.1256/2015 OF Narakkal Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT CC 1051/2016 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT (TEMPORARY), NJARAKKAL
PETITIONER/S:
K.S. MURALI
AGED 63 YEARS
S/O SUNDARAN, KANNANVEETTIL HOUSE, PUTHUVYPU P.O,
ERNAKULAM DISTRICT,, PIN - 682508
BY ADVS.
T.N.SURESH
DHANUJA VETTATHU
YEDU KRISHNA S.
P.SREEJITH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 SUB INSPECTOR OF POLICE
NJARAKKAL, NJARAKKAL P.O, ERNAKULAM DISTRICT,, PIN -
682508
OTHER PRESENT:
SRI. C.S. HRITHWIK (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.01.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 10531 OF 2023
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BECHU KURIAN THOMAS, J.
===========================
Crl.M.C.No.10531 of 2023
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Dated this the 4th day of January 2024
ORDER
Petitioner challenges the final report filed in C.C.No.1051/2016
on the files of the Judicial First Class Magistrate Court, Njarakkal and
all proceedings pursuant thereto. Petitioner is the sole accused in the
aforesaid crime.
2. Petitioner claims to be a social activist at Vypin Island and
also claims to be the Convener of Puthuvypu LPG Virudha Janakeeya
Samara Samithi, who have initiated several protests and campaigns
against the establishment of LPG terminal at Puthuvypu Beach.
3. The prosecution alleges that on 05.12.2015 at 11.45 a.m.
petitioner was found behaving in a disorderly manner causing
inconvenience to women and thereby committed the offences under
Sections 118(a) and 119(a) of the Kerala Police Act, 2011.
4. Sri.T.N.Suresh, learned Counsel for the petitioner
contended that even if the entire allegations are assumed to be
correct, still the offences alleged are not made out and therefore, the
prosecution is an abuse of the process of court and is liable to be
quashed.
5. Sri.C.S.Hrithwik, learned Public Prosecutor submitted that
CRL.MC NO. 10531 OF 2023
the nature of allegations as seen from Annexure A2 final report
reveals that this Court under Section 482 of the Cr.P.C. ought not to
interfere at this juncture, as the contention raised require appreciation
of evidence. It was also submitted that since the final report was filed
in the year 2015 and this Crl.M.C. is preferred only in 2023, the extra
ordinary jurisdiction ought not be invoked to quash the proceedings.
6. The FIR was registered in the year 2015 alleging offences
under Section 118(a) and 119(a) of the Kerala Police Act, 2011 (for
short 'the Act'). As per the FIR the petitioner is alleged to have
behaved in a disorderly manner causing inconvenience to women
gathered at the scene of occurrance and on getting information, when
the police reached the scene, the accused had already left and hence
he was not arrested. In the final report filed on 06.12.2015, the Police
reiterated the aforesaid allegations.
7. Section 118 (a) of the Act deals with grave violation of
public order or danger and states that if any person is found in a
public place, in an intoxicated manner or in a rioting condition or
incapable of looking after himself, he shall, on conviction be
punishable with imprisonment for a term which may extend to three
years or with fine not exceeding ten thousand rupees or with both.
Section 119(a) of the Act states that if a persons performs in public
places any sexual gestures or acts degrading the dignity of women, he
shall, on conviction, be punishable with imprisonment for a term
which may extend to three years or with fine not exceeding ten
CRL.MC NO. 10531 OF 2023
thousand rupees or with both.
8. On a perusal of the final report it is revealed that there is
no allegation that the petitioner was found in an intoxicated manner
or in a rioting condition or incapable of looking after himself.
Therefore, Section 118(a) of the Act is not attracted. Similarly, as far
as Section 119(a) of the Act is concerned, the person must be
performing in a public place any sexual gestures or acts degrading
the dignity of women. The final report does not even whisper that the
petitioner was behaving in a manner degrading the dignity of women
or that he perfomed any act with sexual gestures. Viewed in the above
perspective. none of the offences alleged against the petitioner are
made out from the final report filed by the prosecution. Therefore, the
prosecution of the petitioner for the offence under Section 118(a) and
119(a) of the Act, is an abuse of the process of court and hence the
prosecution is liable to be quashed.
9. Accordingly, I quash all further proceedings against the
petitioner in C.C.No.1051/2016 on the files of the Judicial First Class
Magistrate Court, Njarakkal.
The Crl.M.C. is allowed.
BECHU KURIAN THOMAS
JUDGE
jm/
CRL.MC NO. 10531 OF 2023
APPENDIX OF CRL.MC 10531/2023
PETITIONER ANNEXURES
Annexure A 1 THE CERTIFIED COPY OF THE FIR IN CRIME NO:
1256/2015 OF NJARAKKAL POLICE STATION DATED
05/12/2015
Annexure A2 THE CERTIFIED COPY OF THE CHARGE SHEET IN
CRIME NO: 1256/2015 OF NJARAKKAL POLICE
STATION DATED 06/12/2015
Annexure A3 THE 161 STATEMENT OF THE CW1
Annexure A4 THE 161 STATEMENT OF THE CW2
Annexure A5 THE TRUE COPY OF THE SUMMONS IN CC NO:
1051/2016 DATED 25/07/2023 ISSUED BY THE
JUDICIAL FIRST CLASS MAGISTRATE COURT
NJARAKKAL.
