The Court quashed the prosecution under Section 354A(iv) IPC. The judge held that the accused's statements, while abusive, did not constitute sexually coloured remarks required for that offence, though they might support a separate defamation charge.
The criminal miscellaneous case is allowed; the prosecution in C.C. No.595/2014 is quashed under Section 482 CrPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
TUESDAY, THE 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937
Crl.MC.No. 189 of 2015
IN C.C 595/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ERATTUPETTA CRIME NO. 622/2014 OF ERATTUPETTA POLICE STATION, KOTTAYAM
PETITIONERS/ACCUSED NOS 1 & 2:
1. BIBINRAJ, AGED 23 YEARS, S/O. SOMARAJAN A.S, ATTUVELIL HOUSE, POONJAR SOUTH P.O., KOTTAYAM DISTRICT - 686 582.
2. SOMARAJAN A.S, AGED 50 YEARS, S/O. SREEDHARAN, ATTUVELIL HOUSE, POONJAR SOUTH P.O, KOTTAYAM DISTRICT - 686 582.
BY ADVS.SRI.C.S.MANU
SRI.S.K.PREMRAJ
RESPONDENTS/COMPLAINANT ANDTHE INVESTIGATING OFFICER:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. THE CIRCLE INSPECTOR OF POLICE, ERATTUPETTA POLICE STATION, KOTTAYAM DISTRICT, (NOTICE TO WHOM MAY BE SERVED ON THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM)
3. VIJI BABU, AGED 44 YEARS, W/O. BABU, MUTHUKULATHU HOUSE, CHALARIKKUNNU BHAGOM, THEKKEKARA, POONJAR NADUBHAGOM VILLAGE, POONJAR P.O, KOTTAYAM DISTRICT - 686 582.
R3 BY ADV. SRI.P.C.HARIDAS
R1 & R2 BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 189 of 2015
APPENDIX
PETITIONERS' ANNEXURES
A1 - COPY OF FINAL REPORT/CHARGE SHEET DT. 31.5.14 IN CRIME NO. 622/14 OF ERATTUPETTA POLICE STATION, KOTTAYAM DISTRICT, TAKEN ON FILE AS CC NO. 595/2014 ON THE FILES OF THE COURT OF JUDICIAL FIRST MAGISTRATE, ERATTUPETTA.
A2 - COPY OF THE SCENE MAHAZAR IN CRIME NO. 622 OF 2P14 PREPARED BY THE 2ND RESPONDENT, CIRCLE INSPECTOR OF POLICE, ERATTUPETTA POLICE STATION.
RESPONDENTS' ANNEXURES:
NIL
//TRUE COPY//
P.A TO JUDGE
ab
P.UBAID, J. --------------------------------------Crl.M.C No.189 of 2015
---------------------------------------
Dated this the 8th day of December, 2015
O R D E R
A prosecution involving the offence under Section 354A(iv) of the Indian Penal Code in C.C No.595/2014 of the Judicial First Class Magistrate Court, Erattupetta is sought to be quashed by the petitioners, who are the two accused therein. They seek orders on the ground that the allegations made in the complaint by the third respondent will not constitute the offence alleged by the prosecution.
Crl.M.C No.189 of 2015 2
the victim. If she believes, and if she is confident, that such words or statements will amount to defamatory material, she will have to file a complaint alleging the offence under Section 500 of IPC. Presently, I am not making any observation whether those statements will attract such a prosecution. When such a complaint comes, the court will have to decide whether such statements are in fact defamatory. What I find, at present, is that the objectionable material contains some abusive words. These statements will not come under Section 354A(iv) IPC as sexually coloured statements. I find that the present prosecution can be closed without prejudice to the right of the third respondent to pursue the proper remedy, if permissible, under the law.
In the result, this Crl.M.C is allowed. The prosecution against the petitioners in C.C No.595/2014 of the Judicial First Class Magistrate Court, Erattupetta will stand quashed under Section 482 of the Code of Criminal Procedure.
Sd/P.UBAID JUDGE
//True Copy//
ab
2 issues framed by the court
Whether the alleged statements made by the accused qualify as sexually coloured remarks under Section 354A(iv) of the IPC.
Whether the Charge Sheet in C.C. No. 595/2014 can be quashed under Section 482 CrPC as the allegations do not constitute the offence of molestation.
2 provisions across 2 enactments
BIBINRAJ
SOMARAJAN A.S
STATE OF KERALA
THE CIRCLE INSPECTOR OF POLICE, ERATTUPETTA
VIJI BABU
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
