O R D E R

The sole accused in C.C.No.1630 of 2014 on the file of the JFCM Court-I, Palakkad seeks to quash Annxure-A4 FIR laid against him for offences punishable under Sections 294(b), 506(1) of IPC and S.118(d) of the Kerala Police Act.

2. The prosecution allegation is that on

1.6.2014 and 3.6.2014, petitioner called the second respondent, who is the de facto complainant over mobile phone from Gulf and used abusive words and further criminally intimidated also.

3. I heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. The contention of the petitioner is that the allegations in Annexure-A4 final report do not disclose any of the offences punishable u/ss.

294(b), 506(1) and S.118(d) of the KP Act.

5. It goes without saying that S.118(d) of the KP Act cannot survive any longer after the decision of the Hon'ble Supreme Court reported in Shreya Singhal vs. Union ofd India (2015 (2) KLT 1 (SC) which held that the said provision in the Police Act is unconstitutional. Perusal of Annexure-A3 FI statement given by the second respondent does not disclose the actual words that were used for abusing the de facto complainant. In the absence of the exact words being revealed, an offence punishable u/s.294(b) cannot be said to be made out. Therefore, charge u/s.294(b) IPC is also not sustainable in the facts of the case.

6. Annexure-A3 FIS, however, discloses that the petitioner criminally intimidated second respondent over phone. It contains the statement that the petitioner threatened to cut the second respondent to pieces wherever she goes and hides.

In my view, the first information statement discloses ingredients sufficient enough to constitute an offence punishable 506(1) IPC. Therefore, Annexure-A4 final report can be sustained only to the limited extent it arraigns the petitioner for offence u/s. 506(1) IPC.

In the result, this Crl.M.C is allowed in part, quashing Anexure-A4 report only to the extent it charges the petitioner with the offences punishable u/s.118(d) of the KP Act and S.294(b)

IPC. Sd/-

T.V.ANILKUMAR, JUDGE

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APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE UNDERTAKING DATED

30.10.2013 EXECUTED BY RESPONDENT NO.2 ANNEXURE A2 TRUE COPY OF FIR NO. 601/2014 ON THE FILE OF THE KUZHALMANNAM POLICE STATION, PALAKKAD ANNEXURE A3 TRUE COPY OF THE FIS OF 2ND RESPONDENT DATED 06.06.2014 ANNEXURE A4 CERTIFIED COPY OF THE FINAL REPORT IN FIR NO. 601/2014 ON THE FILE OF THE KUZHALMANNAM POLICE STATION, PALAKKAD ANNEXURE A5 CERTIFIED COPY OF THE DAIRY EXTRACT IN CC.

1630/2014 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, PALAKKAD SHOWING ORDER DATED 19.02.2015 RESPONDENTS EXHIBITS: NIL