Kerala High Court
Dipu Joseph vs State Of Kerala on 22 August, 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 22ND DAY OF AUGUST 2025 / 31ST SRAVANA, 1947
CRL.MC NO. 3911 OF 2025
CRIME NO.433/2022 OF MAVELIKKARA POLICE STATION, ALAPPUZHA
CC NO.548 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -I, MAVELIKKARA
PETITIONER/ACCUSED:
DIPU JOSEPH
AGED 41 YEARS
S/O LATE K.M. JOSEPH, ASSISTANT PROFESSOR IN POLITICAL
SCIENCE, BISHOP MOORE COLLEGE, MAVELIKKARA,
ALAPUZHA DISTRICT, RESIDING AT KONNAKKAL HOUSE,
KOLAGAPPARA (PO), MEENANGADI (VIA), S.BATHERY,
WAYANAD DISTRICT, PIN - 673591
BY ADVS.
SRI.R.REJI
SHRI.M.V.THAMBAN
SMT.THARA THAMBAN
SRI.B.BIPIN
SRI.ARUN BOSE
SMT.JEENA A.V.
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 THE STATION HOUSE OFFICER
MAVELIKARA POLICE STATION, ALAPPUZHA DISTRICT,
PIN - 690101
3 *ADDL R3
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Crl.M.C 3911/2025
2
*ADDL R3 IMPLEADED AS PER ORDER DATED 06.05.2025 IN
CRL.MA.NO.2/2025
SRI SUDHEER G., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 22.08.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Crl.M.C 3911/2025
3
ORDER
The petitioner is the accused in CC No.548/2022 on the files of
Judicial First Class Magistrate Court I, Mavelikkara. He faces criminal
prosecution for the commission of offences under Sections 354(A)(2),
354(D)(1), 509 and 506(i) IPC.
2. The prosecution case is that the petitioner, who is a teacher
working in a private college at Mavelikkara, resorted to sexual harassment
on a student. It is stated that during the period from 17.04.2021 to
23.05.2021, the petitioner committed stalking by persistently following the
de facto complainant through social media and requested her to come to
his residence with sexual objectives. It is the further allegation that the
petitioner had threatened the de facto complainant that since he is a
member of University Malpractice Prevention Squad, he would implicate the
de facto complainant in a false case of resorting to malpractice, if she did
not budge to the demand of the petitioner.
3. A case has been registered by the Mavelikkara Police on the
basis of the First Information Statement given by the Principal of the
college concerned. After completion of the investigation, the SI of Police,
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Mavelikkara, laid the Final Report alleging commission of the aforesaid
offences.
4. In the present petition, the petitioner would contend that he is
totally innocent, and that he has been falsely implicated in this case. It is
further stated that in the departmental proceedings initiated in connection
with the allegations levelled by the de facto complainant, the petitioner has
been exonerated. For the above reason, the petitioner seeks the
involvement of this Court in exercise of its powers under Section 528 of
BNSS to quash the proceedings against him.
5. Heard the learned counsel for the petitioner and the learned
Public Prosecutor representing the State of Kerala.
6. It has to be stated that the present crime is one of unique
nature, wherein a student has raised the allegation of sexual harassment
against her teacher. In support of the aforesaid allegation, she had
produced the necessary electronic evidence, which according to her, would
show that the petitioner had been persistently following her and sending
objectionable messages to her, demanding her to reach his house to have
sexual relationship. The Final Report filed in this case would reveal that the
Investigating Agency has produced the aforesaid pen drive along with the
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requisite certificate under Section 65B of the Evidence Act before the
jurisdictional Magistrate. The statements given by the de facto complainant
to the Investigating Officer contain clear indications of the aforesaid acts of
sexual harassment perpetrated upon the de facto complainant by the
petitioner.
7. The contention of the learned counsel for the petitioner that
there had been findings against the allegations levelled by the de facto
complainant in the departmental proceedings initiated against the
petitioner, cannot be taken as a ground to quash the criminal proceedings
initiated against the petitioner. It is well settled that in the matter of
administration of criminal justice, the findings in departmental proceedings
against the delinquent, cannot have any binding effect on the prosecution
proceedings initiated against the accused. As far as the present case is
concerned, the records relied on by the Investigating Agency would clearly
bring home the offences alleged against the petitioner. The truth or falsity
of the aforesaid records, as well as the probative value of the evidence,
which the prosecution proposes to adduce, are all matters to be dealt with
by the Trial Court. It is not possible to terminate the prosecution
proceedings against the petitioner at this stage in exercise of the powers of
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this Court under Section 528 BNSS, since the Final Report and the
accompanying records would prima facie bring home the offences alleged
against the petitioner. Therefore, the request of the petitioner to quash the
proceedings against him, cannot be allowed.
In the result, the petition is hereby dismissed.
Sd/-
G.GIRISH
JUDGE
IAP
2025:KER:63808
PETITIONER'S ANNEXURES:
Annexure-A1 CERTIFIED COPY OF THE FINAL REPORT DATED
30/7/2022 IN C.C.NO.548/2022 ON THE FILES OF
THE HON'BLE JFCM-I, MAVELIKARA
Annexure-A2 TRUE COPY OF THE LETTER NO.
B.M.C/E2/1031/2021 DATED 10.08.2021 ISSUED BY
THE PRINCIPAL, BISHOP MOORE COLLEGE,
MAVELIKKARA.
Annexure-A3 TRUE COPY OF THE COMPLAINT RECEIVED BY THE
PRINCIPAL, BISHOP MOOR COLLEGE, ON 04.08.2021
Annexure-A4 TRUE COPY OF THE LETTER NO. BMC/E2/139A/2021
DATED 10.08.2021 OF THE PRINCIPAL, BISHOP
MOORE COLLEGE, MAVELIKKARA.
Annexure-A5 TRUE COPY OF THE LETTER DATED 18.08.2021
ISSUED BY THE CHAIRPERSON, INTERNAL
COMPLAINTS COMMITTEE, BISHOP MOORE COLLEGE,
MAVELIKARA TO THE PETITIONER
Annexure-A6 TRUE COPY OF THE STATEMENT DATED 12.08.2021
BY THE VICTIM STUDENT
Annexure-A7 TRUE COPY OF THE INQUIRY REPORT VIDE FILE NO.
ICC/2021/01 DT. 09.08.2021 OF THE INTERNAL
COMPLAINTS COMMITTEE, BISHOP MOORE COLLEGE,
MAVELIKARA
Annexure-A8 TRUE COPY OF THE SHOW CAUSE NOTICE NO.
BMC/E1/354/2021 DT. 11.12.2021 OF THE MANAGER
Annexure-A9 TRUE COPY OF THE PROCEEDINGS BEARING ORDER NO
07.01.2022, OF THE MANAGER
Annexure-A10 TRUE COPY OF THE MEMO OF CHARGES DT.
07.01.2022 ISSUED BY THE MANAGER, BISHOP
MOORE COLLEGE, MAVELIKKARA.
Annexure-A11 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER
ALONG WITH THE STATEMENT OF ALLEGATIONS
ISSUED TO THE PETITIONER BY THE MANAGER AS
PER PROCEEDINGS NO.BMC/E1/354/2021 DT.
07.01.2022
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Annexure-A12 TRUE COPY OF THE WRITTEN STATEMENT (RESPONSE)
DATED 14.01.2022 OF THE PETITIONER
Annexure-A13 TRUE COPY OF THE DOMESTIC INQUIRY REPORT OF
ADVOCATE M.K.UNNIKRISHNAN DATED 08.03.2022
Annexure-A14 TRUE COPY OF THE NOTICE DATED 30.03.2022 OF
THE MANAGER, BISHOP MOORE COLLEGE,
MAVELIKKARA.
Annexure-A15 TRUE COPY OF THE OBJECTION/EXPLANATION OF THE
PETITIONER DATED 07.04.2022
Annexure-A16 TRUE COPY OF THE ORDER DT. 16.04.2022 OF THE
MANAGER, BISHOP MOORE COLLEGE, MAVELIKKARA.
Annexure-A17 TRUE COPY OF THE ORDER DATED 31.03.2023 IN
UNIVERSITY APPEAL NO.1/2022 OF THE HON'BLE
KERALA UNIVERSITY APPELLATE TRIBUNAL AND
ADDITIONAL DISTRICT COURT-III,
THIRUVANANTHAPURAM
Annexure-A18 TRUE COPY OF THE JUDGMENT DATED 04.04.2024 IN
CRP (UTY) NO.2/2023 OF THIS HON'BLE COURT.
Annexure-A19 TRUE COPY OF THE ORDER DT. 17.06.2022 IN
I.A.NO.1/2022 IN UNIVERSITY APPEAL NO.1/2022
OF THE UNIVERSITY APPELLATE TRIBUNAL
Annexure-A20 TRUE COPY OF THE ORDER DT. 11.01.2024 IN
CRP(UTY) NO.2/2023 OF THIS HON'BLE COURT.
Annexure-A21 TRUE COPY OF THE ORDER DT. 11.04.2024 IN
W.P.C NO.15261/2024 OF THIS HON'BLE COURT.
Annexure-A22 TRUE COPY OF THE COMPLAINT DATED NIL
SUBMITTED BY THE PETITIONER BEFORE THE SHO,
MAVELIKKARA.
Annexure-A23 TRUE COPY OF THE COMPLAINT DATED NIL
SUBMITTED BY THE PETITIONER BEFORE THE
DISTRICT POLICE CHIEF, ALAPUZHA,
