ORDER :

Section 95 of the Indian Penal Code says that ‘nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.’ This is a welcoming section in the Indian Penal Code, which has to be in the mind by every police officer while investigating a case. The facts of this case would show that, at least a minority of the investigating officers fail to remember Section 95 of the Indian Penal Code which has been in existence from 1860!

2. This criminal miscellaneous case is filed to quash Annexure 2 final report which is now pending as S.C No. 148/2021 before the Additional District Court-I, Thrissur. The case was charge sheeted by the Kunnamkulam police, alleging offences punishable under Section 153 of the Indian Penal Code and Section 3(1) of the Prevention of Damages to the Public Property Act (‘the PDPP Act’ for short).

3. The prosecution case is that on 10.10.2015 at 10:00 PM, the accused in this case in connection with election to Local Self Government Institutions illegally affixed a poster on the electric post wit