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2019 DIGILAW 975 (KER)

Nasarudheen S/o Muhammed Master v. State of Kerala through Public Prosecutor, High Court of Kerala

2019-11-19

R.NARAYANA PISHARADI

body2019
ORDER : 1. The petitioners are accused 1 to 3 in the case C.C. No. 275/2016 on the file of the Court of the Judicial First Class Magistrate, Neyyattinkara. This petition is filed under Section 482 Cr.P.C. for quashing the proceedings against the petitioners in the case. 2. The offences alleged against the petitioners are punishable under Sections 500, 501 and 505(2) read with 120B I.P.C. and Section 118(d) of the Kerala Police Act, 2011. 3. The prosecution case is that the accused affixed posters at a public place which contained statements defamatory to Mr. Sen Kumar, who was the Additional Director General of Police and that the contents of the posters affixed by the accused were intended to cause enmity and hatred among the members of his community. 4. Heard learned counsel for the petitioners and the learned Public Prosecutor. 5. The case against the petitioners was suo motu registered by the Sub Inspector of Police, Nemom police station. After conducting the investigation of the case, he filed chargesheet against the petitioners for the offences mentioned above. 6. The offences punishable under Sections 500 and 501 of the Indian Penal Code are in Chapter XXI of the Code. Section 199(1) Cr.P.C. provides that no court shall take cognizance of an offence provided under Chapter XXI of the Indian Penal Code except upon a complaint made by some person aggrieved by the offence. The court has no power to take cognizance of the offences punishable under Sections 500 and 501 I.P.C. on the basis of the final report filed by the police. 7. In order to attract an offence punishable under Section 505(2) I.P.C. atleast two groups or communities shall be involved. Merely inciting the feelings of one community or group, without reference to any other community or group, will not attract the offence punishable under Section 505(2) I.P.C. Bilal Ahmad Kaloo vs. State of A.P. AIR 1997 SC 3483 . 8. In the instant case, the final report filed by the police does not make any reference to two or more communities. There is no allegation that the accused committed any act intending to create enmity or hatred between two groups or communities or religions. 9. The Supreme Court has struck down Section 118(d) of the Kerala Police Act, 2011 as unconstitutional. Shreya Singhal vs. Union of India, AIR 2015 SC 1523 . 10. There is no allegation that the accused committed any act intending to create enmity or hatred between two groups or communities or religions. 9. The Supreme Court has struck down Section 118(d) of the Kerala Police Act, 2011 as unconstitutional. Shreya Singhal vs. Union of India, AIR 2015 SC 1523 . 10. There is absolutely no material to find that the petitioners had hatched any conspiracy to commit any of the offences mentioned above. 11. In the aforesaid circumstances, the proceedings against the petitioners are liable to be quashed. 12. Consequently, the petition is allowed. The entire proceedings against the petitioners in the case C.C. No. 275/2016 on the file of the Court of the Judicial First Class Magistrate, Neyyattinkara, arising out of Crime No. 1562/2013 of Nemom police station, are hereby quashed.