Threatening messages to constitutional authorities constitute serious offences, necessitating trial rather than premature termination of proceedings.

ORDER :

Nowadays, it is a trend to send threatening messages and use derogatory statements against constitutional authorities, including the Prime Minister, Chief Ministers, Judges, etc., in social media and other forums to get publicity. The police force will be forced to spend their valuable time to find out whether it is for publicity or with a specific motive. After making such statements, the accused will approach the court of law with a petition stating that no offence is made out or raising technical grounds to escape from the prosecution. The question to be decided in this case is whether, in such cases, the accused should face trial or the court should exercise its discretionary jurisdiction to prematurely terminate such cases.

2. The election result of the Kerala State Legislative Assembly was declared on 02.05.2021, and the Left Democratic Front, led by the then Chief Minister, obtained about 99 seats to form a new government. On 02.05.2021 at 20:22 hours and 22:13 hours, a message came to the Additional Private Secretary to the Chief Minister, Sri. Pinarayi Vijayan from a Mobile number 9074656746 stating that “I will kill Pinarayi Vijayan”. The Additional Private Secretary to the Hon'ble Chief Minister informed the same to Director General of Police. The Director General of Police issued directions to take legal action immediately. Accordingly, Crime No. 309/2021 was registered by the Ernakulam Town South Police Station against the petitioner alleging offences punishable under Sections 153 & 506(i) of the Indian Penal Code, 1860 (for short ' IPC ') and also under Section 120(o) of the Kerala Police Act, 2011 (for short 'KP Act'). After investigation, a final report is filed arraigning the petitioner as the accused. Annexure-I is the final report. The petitioner appeared before the trial court and filed an application under Section 258 of the Criminal Procedure Code, 1973 (for short ' Cr.P.C .') to stop the proceedings. The Additional Chief Judicial Magistrate (Economic Offences), Ernakulam dismissed that petition as per order dated 12.05.2023 in C.M.P. No.2091/2023 in C.C. No.905/2021. Aggrieved by the same, this Revision Petition is filed.

3. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

4. Counsel for the petitioner submitted that, even if the entire allegations in the final report are accepted, no offences under Sections 153 & 506(i) IPC are attracted. The counsel also submitted that the ingredients of Section 120(o) of the KP Act are also not attracted. It is also contended by the counsel for the petitioner that the only cognizable offence in the final report is under Section 153 IPC . Even if the entire allegations are accepted, the offence under Section 153 IPC is not attracted. In such circumstances, the registration of the case without orders from the Magistrate under Section 153 Cr.P.C . itself is a reason to quash the proceedings. The counsel also submitted that the person who received the alleged SMS from the petitioner is the Additional Private Secretary to the Hon'ble Chief Minister. Counsel for the petitioner also submitted that his statement was not recorded. Yet another contention raised by the petitioner is that the Ernakulam Town South Police has no territorial jurisdiction to register the FIR because the SMS was received at Thiruvananthapuram.

5. The Senior Public Prosecutor, Smt. Seetha S., refuted the contentions of the counsel for the petitioner. The Public Prosecutor submitted that this is a serious case in which the petitioner sent an SMS to the Additional Private Secretary of the Hon'ble Chief Minister stating that he would kill the Chief Minister. The petitioner is not an illiterate person. He is an employee in a bank. In such circumstances, this Court may not quash the proceedings in this case.

6. This Court considered the contentions of the petitioner and the Public Prosecutor. The impugned order is an order passed under Section 258 Cr.P.C . Section