Quashed

Jyothish Bhat v. State of Kerala

Kerala HC19 Nov 2020WP(C)/31201/2018

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings initiated under Section 120(o) of the Kerala Police Act against a ward councilor for encroachment on government land, ruling that the proceedings amounted to an abuse of process due to lack of prima facie evidence and the petitioner's potential role as a whistleblower. The writ petition was allowed in part.

What did the court decide?

The alleged crime and further proceedings of crime no. 1545/2018 registered by the police are quashed. The Writ Petition is allowed in part.

Jyothish Bhat Vs State of Kerala — Writ and Judicial Review | Kerala HC (2020)

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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 P.SOMARAJAN

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THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

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WP(C).No.31201 OF 2018(A)

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PETITIONER:

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JYOTHISH BHAT, AGED 39 YEARS,S/O.LATE DIVAKARA BHAT, PUTHENVEED, CMC-13, CHERTHALA, ALAPPUZHA.

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BY ADV. SRI.B.PRAMOD

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RESPONDENTS:

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1 STATE OF KERALA

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REP. BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE SUB INSPECTOR OF POLICE, CHERTHALA POLICE STATION, CHERTHALA, ALAPPUZHA-688524.

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3 OMANA SUKUMARAN, W/O. SUKUMARAN, 'SUKUMA', VARANAD P.O, CHERTHALA, ALAPPUZHA-688524.

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R3 BY ADV. SMT.AMBILI P.MADHAVAN

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PUBLIC PROSECUTOR.SRI.E.C.BINEESH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.31201 OF 2018(A) 2

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JUDGMENT

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A crime was registered against the Ward councilor under Section 120(o) of the Kerala Police Act, 2001, based on a message posted in a facebook regarding the unauthorized construction made by the 3^rd respondent over the Government land by committing encroachment. Admittedly regarding the construction, the municipality has issued a stop memo but no other action worth the name was taken thereafter. Ext.P6 is the vigilance report submitted after conducting a preliminary enquiry, it would reveal the highhanded act of the 3^rd respondent over the Government land by committing encroachment. What is posted in the facebook is the true version of the act done by the 3^rd respondent and the inaction on the part of the municipality. At the most he will come under the purview of a “whistleblower”, against to whom a

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crime was registered by the police without even

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WP(C).No.31201 OF 2018(A) 3

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satisfying the ingredient which would constitute the offence. The alleged crime and further proceedings thereof being an abuse of process of is court hereby quashed, by allowing the W.P.(C).

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W.P.(C) is allowed in part accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

WP(C).No.31201 OF 2018(A) 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE FIS IN CRIME NO.1545 /2018 OF CHERTHALA POLICE STATION. EXHIBIT P2 TRUE COPY OF THE FIR IN CRIME NO.1545/2018 OF CHERTHALA POLICE STATION. EXHIBIT P3 TRUE COPY OF THE PRINT OUT OF THE PETITIONER'S FACE BOOK POST. EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE STOP MEMO DATED 09.7.2018. EXHIBIT P6 TRUE COPY OF THE LETTER DATED 30.5.2015 ISSUED BY THE DISTRICT SURVEY SUPERINTENDENT.

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY//

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P.A. TO JUDGE

Jyothish Bhat v. State of Kerala

Case brief

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Jyothish Bhat v. State of Kerala

Case brief

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