The reliance on vague evidence and printed witness statements cannot sustain criminal charges under the Kerala Police Act.

ORDER

Petitioner is the sole accused in C.C No.55 of 2019 pending on the files of the Judicial First Class Magistrate Court II, Kollam. The case originated from Crime No.74 of 2019 registered at the Kollam West Police Station for the offence punishable under Sections 119 (1)(a) of the Kerala Police Act , 2011. The crime was registered on the allegation that on 28.01.2019 at 20.10 hours, the petitioner was found making sexual gestures in a public place, thereby degrading the dignity of women.

2. Learned counsel for the petitioner contends that a vague and omnibus statement that the petitioner was seen making sexual gestures, without specifying what exactly was the gesture, is not sufficient to attract the offence. It is also contended that the mahazar, First Information Statement, statements of the witnesses and Final Report are in printed formats, indicating non-application of mind and a pre-decision to implicate the petitioner. Reliance is placed on the decision of this Court in Jayakrishnan P. v. State of Kerala [ 2024 (5) KHC 615 ] to point out that the practice of preparing of 161 statements in printed formats has been strongly deprecated by this Court.

3. I heard the learned Public Prosecutor also.

4. As rightly contended by the learned counsel for the petitioner, except stating that the petitioner was found making sexual gestures in a public place, what exactly was the gesture is not seen stated. Moreover, preparation of statements by filling up blanks in printed formats has been deprecated by this Court in Jayakrishnan P. (supra). As held therein, printed formats used as part of investigation cannot be relied on and it indicates non-application of mind by the Investigating Officer. Over and above these infirmities, the fact that the investigation officer itself was the complainant, leaves this Court with no alternative than to quash the proceedings.

In the result, the Crl.M.C is allowed and all further proceedings in C.C No.55 of 2019 pending on the files of the Judicial First Class Magistrate Court II, Kollam, against the petitioner, quashed.