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2012 Supreme(Ker) 762

HIGH COURT OF KERALA
S.S. SATHEESACHANDRAN, J.
K.C. Valasala
Versus
State of Kerala, Represented by the Public Prosecutor & Another
Crl. MC. No. 982 of 2012
Decided on : 29-10-2012

Advocates appeared:
For the Petitioner:V. Sajith Kumar, Priyanka Prasad, Advocate.
For the Respondents: R. Ranjith, Public Prosecutor.

Headnote:Indian Penal Code, Section 409 - Post Office Act, 1894, Section 52 - Post Office Act, Section 6 - Post officer who acted fraudulently or committed any crime in relation to the postal service will be held liable and punishable with seven years imprisonment and fine under section 52 of postal office act.

JUDGMENT

S.S. Satheesachandran, J.

1. The above petition has been filed under Section 482 of the Code of Criminal Procedure (for short “the Code”), to quash Annexure II FIR registered in Crime No.954 of 2011 of Thiruvalla Police Station. Petitioner, a post-woman attached to West Othera Post Office, proceeded in the crime, which is now pending investigation, seeks to quash the proceedings thereof.

2. The main thrust of challenge set forth to invoke the inherent powers of this court for quashing Annexure II FIR in the crime is that Annexure I information leading to the registration of the crime does not disclose any offence. Learned counsel for petitioner, adverting to some decisions rendered by the Apex Court viz., State of Haryana v. Bhajan Lal (1992 Supp. (1) SCC 335), R.P.Kapur v. State of Punjab (AIR 1960 SC 866) and Indian Oil Corporation v. NEPC India Ltd. (2006 (6) SCC 736) strenuously contended that the crime registered for the offence under Section 409 of the Indian Penal Code {for short “the IPC”} with no whisper of any allegation thereto made out in Annexure I information supplied, is absurd and inherently unworthy of any merit or value, and, as such the criminal proceedings on the basis of Annexure II FIR against the petitioner are liable to be quashed. Petitioner, a post-women, is proceeded on the basis of the allegation that a postal article was mis-delivered by her. Even if that be so, according to the counsel, she is protected by Section 197 of the Code from prosecution and, further, there is a statutory immunity under Section 6 of the Indian Post Office Act, exempting the post office and its officers from liability for loss, mis-delivery or delay in delivery of postal articles is the submission of the counsel, to urge for quashing Annexure II FIR.

3. The case diary of the crime has been produced by the Public Prosecutor for my perusal.

4. Annexure II FIR is seen registered on a communication sent by the Joint Regional Transport Officer, Thiruvalla to the Sub Inspector of Police, Thiruvalla over the nondelivery of a postal article containing a registration certificate of motor vehicle sent from his office. Annexure I is a copy of that communication. Going through the communication Annexure I, it is seen, even previously a communication in the same matter had been sent, but some clarifications were sought for by the police. In fact, Annexure-I communication indicates of the request from the Joint Regional Transport Officer to the police for giving particulars of the clarification required. That communication also makes clear that, to enable the transport authorities to issue a duplicate registration certificate to the owner, an FIR was registered in the circumstances as indicate above. True, Section 154 of the Code contemplates registration of an FIR only where a cognizable offence is disclosed, and not in other cases. However, for practical purposes, and to serve the ends of justice, there may arise situations which demand registration of a crime by the police, even when no cognizable offence is disclosed on the information supplied. Where a person loses his credit card, passport or other valuable document, issuing authority thereof may insist for intimation to be given and registration of a case there of by the police to enable them to take further steps for issue of a fresh document/card etc., as the case may be. Previously, there was no statutory recognition for registering a crime when a man was reported to be missing, to proceed with enquiry/investigation. This court had occasion to consider that question; and, it has been observed that registration of a crime under the caption “man missing’ by the police in such a situation is not only advisable, but has to be done to serve the ends of justice. Similar is the situation in the registration of crime under Section 174 of the Code by the police where information is received that a person has committed suicide or a dead body is found under suspicious circumstan





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