The Court quashed criminal proceedings against the petitioner for Section 153A IPC. It held that driving a car on a public road is a right, the procession did not have an exclusive right to obstruct traffic, and the petitioner's statement did not amount to a legal threat.
The proceedings in Crime No.121 of 2013 of Kayamkulam Police Station are quashed.
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 K.ABRAHAM MATHEW
FRIDAY ,THE 14TH DAY OF DECEMBER 2018 / 23RD AGRAHAYANA, 1940
Crl.MC.No. 5009 of 2018
CRIME NO. 121/2013 OF Kayamkulam Police Station , Alappuzha
PETITIONER:
FIROZKHAN @ SHINU
S/O.SHAHJAHAN, AGED 28, KOTTAYIL HOUSE,ERUVAMURI, PATHIYOOR VILLAGE, KARTHIKAPPALLY TALUK.
BY ADV. SRI. K.R.SUNIL
RESPONDENTS:
1 THE STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.
2 THE ERUVA SREE KRISHNA SWAMY TEMPLE KARUKASEERY, ERUVA, REPRESENTED BY ITS SECRETARY,ADVISORY COMMITTEE, ERUVA SREE KRISHNA SWAMY TEMPLE.
SRI.ALEX M THOMBRASR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Petition filed under Section 482 Cr.P.C.
2013 of Kayamkulam Police Station registered for the
offence under Section 153A IPC. He is a Muslim. The
Crl.MC.No. 5009 of 2018 2
prosecution case is that he caused obstruction on a public road along which a procession was being taken out in connection with the festival of the local temple and he threatened the processionists that they
should not repeat it. The proceedings are sought to be quashed on the ground that the facts of the case do not attract any offene.
and the learned Public Prosecutor.
sent to the Dy.S.P, Kayamkulam by Secretary of Temple Advisory Committee attached to Eruva Sreekrishna Swami Temple the case was registered. What is stated in Annexure-A1 is that when the procession was going along the public road the petitioner attempted to cause obstruction on the road and threatened that no procession should be taken out in future. I have perused the case diary. It is an undisputed fact that
the petitioner was going along the public road driving his car when the procession was taken out along the
Crl.MC.No. 5009 of 2018 3
public road. He had every right to go along the public road driving his vehicle. On the other hand, it is not known how the processionists got the right to take out a procession along the public road causing obstruction to the traffic and pedestrians using the public road. If the petitioner shouted that no procession shall be taken out in future, it did not amount to any threat in the eye of law. The proceedings against the petitioner are liable to be quashed.
In the result, this Crl. M.C is allowed. The proceedings in Crime No.121 of 2013 of Kayamkulam Police Station are quashed.
Sd/-
K.ABRAHAM MATHEW JUDGE
pm
Crl.MC.No. 5009 of 2018 4
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1: THE TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 2ND RESPONDENT BEFORE THE DSP, KAYAMKULAM DATED 17/01/2013
ANNEXURE A2: THE TRUE COPY OF THE FIR DATED 19/01/2013 REGISTERED BY THE 1ST RESPONDENT
RESPONDENT'S EXHIBITS: NIL
// TRUE COPY // PA TO JUDGE
3 issues framed by the court
Whether the prosecution proceedings for obstruction on a road and making a threat during a procession attract Section 153A IPC and require quashing under Section 482 CrPC.
Whether the petitioner's act of driving a car on a public road while threatening processionists amounts to a cognizable offence under Section 153A IPC.
Whether the threat expressed by the petitioner ('no procession shall be taken out in future') constitutes a threat in the eye of law warranting criminal sanction.
2 provisions across 2 enactments
FIROZKHAN @ SHINU
THE STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION
THE ERUVA SREE KRISHNA SWAMY TEMPLE KARUKASEERY, ERUVA
K.Abraham Matthew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
