Quashed

Rlv.Ramakrishnan @ K.R.Ramakrishnan v. State of Kerala

Kerala HC11 Jun 2019Crl.MC/2134/2019

Case brief

AI extract

What is this about?

High Court at Ernakulam quashed charge sheet in criminal proceedings alleging offences under IPC and Kerala Police Act. Court held vital ingredients of charges not satisfied, calling continuance an abuse of process, noting separate defamation complaint pending.

What did the court decide?

Impugned final report/charge sheet (Annexure-A4) and all further proceedings in C.C.No.996/2018 stand quashed; order to be produced by petitioner and Advocate General.

Rlv.Ramakrishnan @ K.R.Ramakrishnan Vs State of Kerala — Quashing and FIR | Kerala HC (2019)

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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 ALEXANDER THOMAS

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TUESDAY, THE 11TH DAY OF JUNE 2019 / 21ST JYAISHTA, 1941

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Crl.MC.No. 2134 of 2019

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CC 996/2018 of JUDICIAL MAGISTRATE OF FIRST CLASS -III,THIRUVANANTHAPURAM

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CRIME NO. 195/2018 OF Cantonment Police Station , Thiruvananthapuram

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PETITIONER/ACCUSED:

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RLV.RAMAKRISHNAN @ K.R.RAMAKRISHNAN AGED 43 YEARS,S/O.RAMAN, KUNNISSERY HOUSE, CHELATHUNADU DESOM, KIZHAKKE CHALAKKUDY VILLAGE, CHALAKKUDY TALUK, CHALAKKUDY P.O., PIN-680307.

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BY ADVS. SRI.SADCHITH.P.KURUP SRI.C.P.ANIL RAJ

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RESPONDENTS/STATE & COMPLAINANT:

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1 STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 THE SUB INSPECTOR OF POLICE,CANTONMENT POLICE STATION, THIRUVANANTHAPURAM-695001.

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3 KALAMANDALAM SATHYABHAMA,TC 27/525(3), SINDOORAM, THAMPURANMUKKU, RISHIMANGALAM WARD, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM-695035.

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BY ADV. SHRI.SUMEEN S.

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OTHER PRESENT:

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SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1 AND R2, SRI.SUMEEN.S FOR R3

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.2134/2019

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ALEXANDER THOMAS, J.

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Crl.M.C.No. 2134 of 2019

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---------------------------------------------Dated this the 11^th day of June, 2019

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ORDER

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The petitioner has been arrayed as the sole accused in Annexure-A2 FIR in Crime No.195/2018 of Thiruvananthapuram Cantonment Police Station, which has been registered for offences punishable under Sections 417 and 509 of IPC r/w. Section 120(o) of the Kerala Police Act on the basis of the complaint/First Information Statement given by the 3^rd respondent lady defacto complainant and Annxure-A3 is the copy of the F.I. Statement given by the said lady, which has resulted in the registration of Annexure-A2 FIR in Crime No.195/2018. The Police, after investigation, has filed the impugned Annexure-A4 final report/charge sheet, which has now led to the institution of Calendar Case, C.C. No.996/2018 on the file of the Judicial First Class Magistrate Court-III, Thiruvananthapuram.

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The gist of the complaint as raised in Anneuxres-2, 3 and 4 is that the petitioner and the 3^rd respondent are known to each other and both of them are professionals in the field of

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Crl.M.C.No.2134/2019

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dance and that they are also training various students and that one of the students trained by the petitioner was not successfully graded and evaluated by the 3^rd respondent in a competition and the petitioner had telephonically contacted the lady, the 3^rd respondent through his mobile phone and asked her the reasons for failing his student and she had given the details in detail as to why she had not given good grade for the student of the petitioner and without telling the lady that the said telephonic conversations were being recorded by the petitioner and later the said recorded telephonic conversations between the petitioner and 3^rd respondent were sent to his friends in his 'Whats app' group. The same lines of allegations are also raised in Annexure-A1 notice issued on behalf of the 3^rd respondent.

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The learned counsel for the petitioner would point out that even going by the admitted allegations in the impugned criminal proceedings, it can be seen that none of the vital ingredients of Sections 417 and 509 of IPC and Section 120(o) of the Kerala Police Act are even remotely brought out and that at best, the 3^rd respondent can contend that there is a cause action for defamation for which it is for her to initiate appropriate proceedings and that she had formally filed a private criminal complaint as C.C.No.1058/2018 on the file of Judicial First Class Magistrate Court-III, Thiruvananthapurm.

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Crl.M.C.No.2134/2019

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Heard Sri. Sadchith P. Kurup, learned counsel appearing for the petitioner/accused, Sri. Amjad Ali, learned Public Prosecutor appearing for respondents 1 and 2 and Sri. S.Sumeen, learned counsel appearing for the 3^rd respondent lady defacto complainant.

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The offences alleged against the petitioner in the above impugned criminal proceedings are those under Sections 417 and 509 of IPC and Section 120(o) of the Kerala Police Act.

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6. Section 417 of IPC reads as follows:

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“ 417. Punishment for cheating.- Whoever cheats shall be punished with imprisonment of either description for a term which may exend to one year, or with fine, or with both.”

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7. Section 509 of IPC reads as follows:

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“ 509. Word, gesture or act intended to insult the modesty of a woman.- Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.”

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Section 120(o) of Kerala Police Act, 2011 reads as

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follows:

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“ 120. Penalty for causing nuisance and violation of public order.- If any person, -

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(a) xxx xxx xxx xxx xxx xxx

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(o) causing, through any means of communication, a nuisance of himself to any person by repeated or undesirable or anonymous call, letter, writing, message, e- mail or through a messenger.”

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Crl.M.C.No.2134/2019

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Going by the admitted allegations in the impugned criminal proceedings, there cannot be any dispute whatsoever that none of the vital ingredients for making out the offence under Section 417 of the IPC (cheating) are even remotely made out in the above said case. Further Section 509 of IPC deals with word, gesture or act intended to insult the modesty of a woman. Even if the allegations raised by the 3^rd respondent are taken in its face value at best it can disclose the rivalry between two persons and it cannot be said that it would amount to word, gesture or act intended to insult the modesty of the lady defacto complainant. Clause (o) of Section 120 of the Kerala Police Act, 2011 provides that if any person causes through any means of communication, a nuisance of himself to any person by repeated or undesirable anonymous call, letter, writing, message, email or through a messenger, then he shall on conviction be punishable with imprisonment which may extend to one year or with fine which may extend to five thousand rupees or with both. So, one of the necessary ingredients of clause (o) of Section 120 of the Kerala Police Act is that the accused, by any means of communication, should have caused nuisance of himself to the victim/complainant concerned etc. In the instant case, the allegation is that the petitioner had sent the above said messages from his whats app account in his mobile

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Crl.M.C.No.2134/2019 6

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phone to his friends in the whats app group to their respective mobile phones. Therefore, it cannot be said that the complainant has no case whatsoever that the petitioner has sent any message to her, which would satisfy the ingredients of clause (o) of Section 120 of the Kerala Police Act. That apart, the said messages have been sent by the petitioner to his friends as his friends are in whats app group. So, it cannot be said that it was an anonymous call or letter sent by him. In the light of these aspects, there cannot be any dispute that the vital ingredients of clause (o) of Section 120 of the Kerala Police Act, 2011 are also not satisfied. In the light of these aspects, it is only to be held that the continuance of the impugned criminal proceedings is a futile exercise as no offences are made out and if it is permitted, it will amount to wastage of the time and resources of the investigating machinery and judicial forum concerned and therefore, it is an abuse of process of the Court. This Court has only decided as to whether the vital ingredients of the above said offences under Section 417 and 509 of IPC and Section 120(o) of the Kerala Police Act are made out and the said findings and observations are not in relation to any other offences. It is now reported before this Court that 3^rd respondent has already instituted a separate criminal complaint for the offence under Section 500 of IPC (punishment for defamation) which is now

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Crl.M.C.No.2134/2019 7

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pending as Calendar Case, C.C. No.1058/2018 on the file of the JFCM-III, Thiruvananthapuram. Accordingly, it is clarified that the above said observations and findings made by this Court in this petition shall not in any manner tramel or influence any other proceedings between the parties.

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Hence, in the interest of justice it is ordered that the impugned Anenxure-A4 final report/ charge sheet filed in Crime No.195/2018 of Thiruvananthapuram Cantonment Police Station, which has now led to the institution of C.C.No.996/2018 of Judicial First Class Magistrate Court-III, Thiruvananthapuram as against the petitioner/accused and all further proceedings taken in pursuance thereof will stand quashed. The petitioner will produce the certified copy of this order before the Investigating Officer concerned and before the trial Court concerned for necessary information. The office of the Advocate General will also produce the certified copy of this order before the Investigating Officer concerned.

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With these observations and directions, the above Crl.M.C. will stand finally disposed of .

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Sd/-

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ALEXANDER THOMAS, JUDGE

acd

Crl.M.C.No.2134/2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF LAWYER NOTICE DATED 16.2.2018 ISSUED TO THE PETITIONER. ANNEXURE A2 CERTIFIED COPY OF FIR DATED 8.2.2018 IN CRIME NO.195/2018 PF CANTONMENT POLICE STATION. ANNEXURE A3 CERTIFIED COPY OF STATEMENT 8.2.2018 GIVEN BY THIRD RESPONDENT BEFORE THE 2ND RESPONDENT. ANNEXURE A4 CERTIFIED COPY OF FINAL REPORT DATED 19.7.2018 FILED BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT III, THIRUVANANTHAPURAM IN CC 996/2018. TRUE COPY P.S. TO JUDGE.

Rlv.Ramakrishnan @ K.R.Ramakrishnan v. State of Kerala

Case brief

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Rlv.Ramakrishnan @ K.R.Ramakrishnan v. State of Kerala

Case brief

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