S.S. Satheesanchandran, J.

1. Petitioner, an advocate, is prosecuted for offences punishable under Sections 124A and 153 of the Indian Penal Code and Section 120 (d) of the Kerala Police Act on a repost filed by the Sub Inspector of police, Town Police Station, Kozhikode. Committal proceedings taken on such report is pending before the Judicial First Class Magistrate Court-I, Kozhikode. Petitioner has filed the above petition to quash the criminal proceedings against him in the case contending that it is an abuse of process of the court.

2. On the eve of polling for the general election to the Legislative Assembly of the State in 2011, that is, on 08.04.2011, a poster was seen affixed exhorting for boycotting the election, in a flex board placed over a pump house situate in the compound of the Public Library and Research Center in Kozhikode Town. Sub inspector of Police, after taking photos, removed that poster and seized it into custody preparing Annexure-II mahazar. That poster was seen printed and published by the petitioner on behalf of an organisation named ‘Porattam’. A crime was registered against the petitioner and others under Annexure-I FIR for offences punishable under Section 153 of the IPC and Section 120 (d) of the Kerala Police Act. After investigation of the crime, Annexure-III report was filed before the magistrate indicting the petitioner for offences punishable under Sections 124A and 153 of the IPC and 120 (d) of the Kerala Police Act.

3. What is published in the poster affixed in the flex board has been reproduced in Annexure-II seizure mahazer and Annexure-I FIR. It contained an exhortation thus: “No vote for the masters who have become swollen exploiting the people, irrespective of difference in parties”. Such poster was affixed by an organisation “Porattam” with an endorsement ‘Printed and Published by Adv. P.J. Manual Manjummal, Ernakulam for Porattam, Printed at Sree Gayathri Print and Pack’.

4. Even if the entire allegations stated in the poster are taken as true, still, no offence is made out to prosecute the petitioner-the accused, is the submission of his counsel. It is contended that no sanction has been obtained by the prosecution to prosecute the petitioner for the offence of sedition under Section 124A of the IPC, which has been included as one among the offences in the case. Section 196 of the Code of Criminal Procedure interdicts the court from taking cognizance of an offence under Chapter VI of the IPC, in which Section 124A Sedition is included, is pointed out by the counsel to contend that the committal proceedings commenced in the case on the report filed by the police are not legal, and on that count it self, such proceedings are liable to be quashed. The poster is alleged to have been affixed on a flex board belonging to Asianet Bureau, which was dilapidated and not in use for years, is also canvassed by the counsel to contend that no offence under Section 120 (d) of the Kerala Police Act would lie on the imputations made in the case.

5. The offence under Section 124A captioned as ‘Sedition’ is closely allied to treason-offence against the State. Many personalities including the Father of the Nation and several freedom fighters have been tried and punished during the imperial rule under the above Section. How far in a democratic set up publishing or preaching of protest even questioning the foundation of the form of Government could be imputed as causing disaffection towards the Government and thus committing of any offence under Chapter VI of the IPC has to be examined within the letter and spirit of the Constitution and not as previously done under the imperial rule. This Court in Alavi and Others v. State of Kerala (1982 KLT 205) has held that shouting of slogans for a classless society and for socialism will not come within the mischief of Sections 124A or 505(c) of the IPC. Similar is the view expressed by the Apex Court in Balwant Singh and another v. State of Punjab (