Disposed

Aswin v. Si of Police, Ernakulam Town North Police Station

Kerala HC16 Jul 2018Crl.MC/1860/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition challenging delayed justice arising from long investigation delays in cyber-related offences, the court refused to quash the proceedings. Instead, it directed the lower court to expedite the trial and issue process to the accused.

What did the court decide?

Court directed the lower court to issue process to the accused and complete the trial expeditiously.

Aswin Vs Si of Police, Ernakulam Town North Police… — Criminal Trial and Appeal | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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MONDAY, THE 16TH DAY OF JULY 2018 / 25TH ASHADHA, 1940

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Crl.MC.No. 1860 of 2018

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------------------------

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CC 648/2015 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT,ERNAKULAM CRIME NO.1956/2012 OF ERNAKULAM NORTH POLICE STATION,ERNAKULAM

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-------------

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PETITIONER/ACCUSED

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ASWIN B, S/O.BALASUBRAMANIYAN, AGED 30 YEARS, KANTHI VILLA, NADAMANNAM, KUTHANUR, ALATHUR TALUK, PALAKKAD DISTRICT.

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BY ADV.SRI.S.NIRMAL KUMAR

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RESPONDENT(S)/COMPLAINANTS:

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1. SI OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION (CRIME NO.1956/2012), ERNAKULAM.

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2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.

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BY PUBLIC PROSECUTOR SMT SREEJA.V.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-07-2018 ALONG WITH CRL.MC NO.1861/2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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Crl.MC.No. 1860 of 2018 () --------------------------

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1- CERTIFIED COPY OF THE FIR. ANNEXURE A2- COPY OF THE ORDER IN CRL.M.C.3640/2017. ANNEXURE A3- COPY OF THE REPORT DATED 24/02/2018 RECEIVED FROM THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM.

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RESPONDENTS ANNEXURES:

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R1(A) TRUE COPY OF THE FINAL REPORT DATED 16.6.2018

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/TRUE COPY/ K.V. P.S.TO JUDGE 27.07.2018

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SUNIL THOMAS, J

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Crl.M.C.Nos. 1860 & 1861 of 2018 -----------------------------------------------Dated this the 16^th day of July, 2018

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O R D E R

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The same accused stands charge sheeted in crime No. 1956/2012 of Ernakulam Town North Police Station and in crime No. 172/2014 of the same police station.

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In crime No. 1956/2012, the allegation is that the petitioner herein promised to marry the daughter of the de facto complainant, took her nude photographs in a mobile phone without her permission and forwarded it to the official e-mail ID of her company. Crime was registered for offences punishable under Section 66(A)(a) and 67A of Information Technology Act and Section 406, 34 IPC.

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In crime No. 172/2014, the allegation is that the petitioner herein had published pornographic pictures of de facto complainant's daughter through electronic media and damaged her reputation. Crime was registered for offences

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Crl.M.C.No. 1860 and 1861 of 2018

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::2::-

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punishable under Sections 66A and 67 of IT Act.

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The petitioner herein approached this Court, contending that there was long delay in filing the charge-sheet and delayed justice amounts to denial of justice he sought for quashing the proceedings on that ground. It was contended that to his knowledge, even though investigation was completed long back final report was not laid. He sought for quashing both the crimes against him on that premise.

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Statements have been filed by the investigating agency separately in both the crimes. It seems that in crime No. 1956/2012 charge-sheet was filed on 27.06.2014 by the then CI. The materiel objects were ordered to be returned taking steps for forwarding to the FSL. Sterile Hard Disc were submitted before the court below on 07.04.2015. Subsequently, the final report was laid after completion of all formalities on 16.06.2018. Cognizance was taken and the matter is now pending as C.C.No. 827/2018.

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In crime No. 172/2014, it is explained that investigation was completed on 30.12.2015 and charge-sheet was

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Crl.M.C.No. 1860 and 1861 of 2018

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::3::-

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submitted. There were some errors in the charge-sheet which was cured and resubmitted on 02.07.2018. It was accepted and cognizance was taken. Matter is pending as C.C.No. 785/2018.

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The above facts clearly show that there was delay in the completion of the investigation, curing the final report till it was finally accepted by the court below. I am not inclined to go into the reasons for the delay at this stage. I feel that the interest of justice will suffice, if the court below is directed to take up the matter, issue process to the accused at the earliest in accordance with law and to complete the entire trial as expeditiously as possible.

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Since charge-sheet has now only been laid and other formalities are to be initiated, I am not inclined to fix any time limit, at present, for the disposal of cases. However, in case of undue delay in completion of trial, the right of the petitioner herein to move this Court is reserved.

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Sd/- SUNIL THOMAS, JUDGE

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\True Copy\ PA to Judge

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Dxy

Aswin v. Si of Police, Ernakulam Town North Police Station

Case brief

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Aswin v. Si of Police, Ernakulam Town North Police Station

Case brief

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