Allowed

Joseph v. State of Kerala

Kerala HC4 Nov 2019Crl.MC/5331/2016

Case brief

AI extract

What is this about?

The Court allowed a quashing petition filed under Section 482 Cr.P.C. The prosecution alleged an offence under Section 153A IPC for defacing a religious tree. The Court held that cognizance without the mandatory sanction under Section 196(1)(a) Cr.P.C was illegal and quashed all proceedings.

What did the court decide?

Charge sheet and all subsequent proceedings in C.C No.2173/2015 based on Annexure-B were quashed.

Joseph Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

¶4

MONDAY, THE 04TH DAY OF NOVEMBER 2019 / 13TH KARTHIKA, 1941

¶5

Crl.MC.No.5331 OF 2016

¶6

AGAINST THE ORDER IN CC 2173/2015 OF JMFC, KAKKANAD

¶7

CRIME NO.1936/2012 OF Thrikkakara Police Station , Ernakulam

¶8

PETITIONERS/ACCUSED NO. 1 TO 4:

¶9

1 JOSEPH AUGUSTINE

¶10

AGED 65 YEARS, S/O. AUGUSTINE, PUTHENVEETHIL HOUSE, GURUDEVA ROAD, THOPPIL, THRIKKAKARA P.O., ERNAKULAM - 682 021.

¶11

2 LENIN JOSEPH AGED 31 YEARS, S/O. JOSEPH, PUTHENVEETHIL HOUSE, GURUDEVA ROAD, THOPPIL, THRIKKAKARA P.O., ERNAKULAM - 682 021.

¶12

BY ADV. SRI.P.B.AJOY

¶13

RESPONDENT/COMPLAINANT:

¶14

1 STATE OF KERALA REPRESENTED BY SHO OF NEELESWARAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

¶15

2 K.K. VISHVAM S/O.K.N. KATHUTHA, AGED 54 YEARS, KUTHUPARA HOUSE, ALILYAM KAVU, GURUDEVA ROAD, THOPPIL, THRIKKAKARA P.O., ERNAKULAM - 682 021.

¶16

R2 BY ADV. DR.V.N.SANKARJEE R2 BY ADV. SRI.V.N.MADHUSUDANAN R2 BY ADV. SMT.R.UDAYA JYOTHI R2 BY ADV. SRI.M.M.VINOD R2 BY ADV. SMT.M.SUSEELA R2 BY ADV. SRI.SUDHAKARAN V. R2 BY ADV. SMT. KEERTHI B. CHANDRAN R1 BY SRI EC BINEESH -PP

¶17

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16.10.2019, THE COURT ON 04.11.2019 DAY PASSED THE FOLLOWING:

¶18

Crl.MC.No.5331 OF 2016

¶19

¶20

R. NARAYANA PISHARADI, J

¶21

Crl.M.C No.5331 of 2016

¶22

Dated this the 04^th day of November, 2019

¶23

O R D E R

¶24

This is a petition filed under Section 482 Cr.P.C for quashing

¶25

the proceedings against the petitioners in the case C.C No.2173/2015 on the file of the Court of the Judicial First Class Magistrate, Kakkanad, which is based on Annexure-B charge sheet filed in Crime No.1936/2012 of Thrikkakara Police Station.

¶26

The petitioners are the first and the second accused in the aforesaid case. The second petitioner is the son of the first petitioner.

¶27

The prosecution case is that, the petitioners sprayed chemical on the branches of a tree which was standing in the 'Sarpa Kavu' owned by the de facto complainant/second respondent and caused the tree to dry up and destroyed it. It is alleged that the petitioners committed the aforesaid act with the intention to hurt the sentiments of the people who belong to the Hindu religion and that they committed an offence punishable under Section 153A of the Indian Penal Code.

¶28

Heard the learned counsel for the petitioners and the

¶29

Crl.MC.No.5331 OF 2016

¶30

¶31

second respondent and also the learned Public Prosecutor.

¶32

The prayer for quashing the charge sheet filed against the petitioners for the offence punishable under Section 153A IPC is made on the ground that the allegations raised against the petitioners do not attract the ingredients of such an offence. However, at the time of hearing, the contention raised by the learned counsel for the petitioners is that, cognizance of the offence under Section 153A IPC taken by the learned Magistrate on the basis of Annexure-B charge sheet, without the previous sanction of the Central or the State Government, is bad in law.

¶33

Section 196(1)(a) Cr.P.C states that no court shall take cognizance of an offence punishable under Section 153A IPC, except with the previous sanction of the Central or the State Government.

¶34

Learned Public Prosecutor has fairly submitted that no previous sanction of the Central or the State Government has been obtained before taking cognizance of the offence under Section 153 A IPC by the court.

¶35

Cognizance of the offence under Section 153A IPC taken by the learned Magistrate, without the previous sanction of the Central or the State Government, is bad in law in view of the provision contained in Section 196(1)(a) Cr.P.C. The proceedings against the petitioners

¶36

Crl.MC.No.5331 OF 2016

¶37

¶38

are liable to be quashed on this ground.

¶39

Consequently, the petition is allowed. Annexure-B charge sheet in Crime No.1936/2012 of Thrikkakara Police Station and all further proceedings against the petitioners in C.C No. 2173/2015 on the file of the Court of the Judicial First Class Magistrate, Kakkanad, taken on the basis of it, are hereby quashed.

¶40

Sd/- R. NARAYANA PISHARADI JUDGE

¶41

lsn

¶42

Crl.MC.No.5331 OF 2016

¶43

¶44

APPENDIX

¶45

PETITIONERS EXHIBITS:

¶46

ANNEX.A: COPY OF THE FIRST INFORMATION REPORT DATED 13.12.2012 IN CRIME NO. 1936/2012 OF THRIKKAKARA POLICE STATION, ERNAKULAM.

¶47

ANNEX-B: COPY OF THE CHARGE SHEET DATED 11.11.2015 IN C.C NO.2173/2015 OF THE JUDICIAL FIRST CLASS MAGISTRATE, KAKKANAD.

¶48

ANNEX-C: COPY OF THE SCENE MAHAZAR DATED 14.12.2012 IN C.C. NO. 2173/2015 OF THE JUDICIAL FIRST CLASS MAGISTRATE, KAKKANAD.

¶49

RESPONDENTS EXHIBITS: NIL

¶50

TRUE COPY

¶51

P.A TO JUDGE

¶52

LSN

Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Suo Moto, Vs State of Kerala

Shajeer Vs State of Kerala

Sandhya Mol Vs State of Kerala

V.P.Iswardas Vs the Labour Enforcement Office (Central)

Shaji George Vs State of Kerala

Nibeesh, Vs State of Kerala