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2023 Supreme(Online)(KER) 9306
HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
BAGEESH P.B – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC 903 2023
SAJITH KUMAR, V.J. VISHNU, VIVEK A., GODWIN JOSEPH, PRANAV PRADEEP
Charges under IPC sections were not established; similar treatment for all accused was warranted under legal principles.
Headnote:
Protest - Criminal Charges - IPC Sections 143, 147, 188, 353 - Court quashes proceedings for lack of necessary ingredients and abuse of process.
Fact of the Case:
Accused formed an unlawful assembly to protest against a Supreme Court ruling, allegedly violating prohibitory orders. The prosecution charged them under several IPC sections.
Finding of the Court:
The court found previous judgments quashing proceedings against the first accused applicable to the remaining petitioners, concluding that necessary ingredients for the offences were not established.
Issues: Whether the charges under IPC sections 143, 147, 188, and 353 against the petitioners can be sustained.
Ratio Decidendi: Charges were quashed due to lack of sufficient allegations and evidence, confirming that proceedings constituted an abuse of the court's process.
Final Decision: All proceedings against the petitioners are quashed.
ORDER
Petitioners are accused 2 to 10, 12 to 14, 16 to 29, 31 to 42 and 44 to 69 in S.T.No.435/2019 on the files of the Grama Nyalaya, Ranni. The case arises from Crime No.21/2018 of Sannidhanam Police Station.
2. According to the prosecution, the accused formed themselves into an unlawful assembly near Sabarimala Sannidhanam at 10.30 P.M. on 18.11.2018 to protest against the judgment of the Supreme Court permitting entry of women to Sabarimala. It is alleged that the accused persons sat in protest on the concrete staircases and pathway near the Sannidhanam Police Station chanting religious slogans, hailing Lord Ayyappa and disobeying the prohibitory orders issued by the District Collector and thus committed the offences under Sections 143 , 147, 353 and 188 r/w Section 149 of the Indian Penal Code, 1860 .
3. I have heard Sri.Sajith Kumar V., learned Counsel for the petitioners as well as Sri.K.A.Noushad, learned Public Prosecutor. 4. As far as accused Nos.1 and 27 in the case are concerned, this Court had by judgment dated 15.11.2022 in Crl.M.C.No.7354 of 2022 quashed all proceedings against them. It was found that the prosecution is an abuse of the process of court, since the offences alleged are not made out.
5. In the judgment mentioned above, this Court had held that the cognizance taken by the Magistrate for the offence under Section 188 IPC was not sustainable in view of the legislative mandate under Section 195 (1)(a) of Cr.P.C. This Court also found that the offence under Section 353 was also not made out since there was no criminal force or assault committed by the accused. It was further held that the offences under Sections 143 , 144 and 147 were also not attracted. Thus proceedings as against two accused have been quashed by this Court. Petitioners are the remaining accused in the very same case.
6. On a perusal of the final report, it is noticed that, the only overt act alleged is against the 1st accused, while the remaining accused are all alleged to have been members of the unlawful assembly. Since this Court had quashed the proceedings against the first accused, against whom the overt act was specifically alleged, this Court is of the view that petitioners who stand on an almost similar footing must also be given the benefit of the same judgment.
7. Since this Court has already held that the necessary ingredients for attracting the offences alleged against the accused are not made, I am of the view that the proceedings in S.T.No.435/2019 on the files of the Grama Nyayalaya, Ranni as against the petitioners is also an abuse of the process of court.
8. Hence, I quash all further proceedings in S.T.No.435/2019 on the files of Grama Nyayalaya, Ranni, arising out of Crime No.21/2018 of Sannidhanam Police Station.
Crl.M.C. is allowed as above.
sd/
BECHU KURIAN THOMAS JUDGE jm/
APPENDIX OF CRL.MC 903/2023 PETITIONER ANNEXURES Annexure-A A TRUE COPY OF THE FIR DATED 18.11.2018 IN CRIME NO. 21/2018 OF THE SANNIDHANAM POLICE STATION.
Annexure-B A TRUE COPY OF THE FINAL REPORT DATED
17.01.2019 IN CRIME NO. 21/2018 OF SANNIDHANAM POLICE STATION, PENDING AS S.T.
NO. 435/2019 BEFORE THE HON'BLE GRAMANYAYALAYA, RANNI.
Annexure-C A TRUE COPY OF THE STATEMENT DATED 20.11.2018 MADE BY THE CW2 UNDER SECTION 161 CRPC Annexure-C(a) A TRUE COPY OF THE STATEMENT DATED 20.11.2018 MADE BY THE CW5 UNDER SECTION 161 CRPC Annexure-C(b) A TRUE COPY OF THE STATEMENT DATED NIL MADE BY THE CW6 UNDER SECTION 161 CRPC.
Annexure-C(c) A TRUE COPY OF THE STATEMENT DATED 20.11.2018 MADE BY THE CW7 UNDER SECTION 161 CRPC Annexure-C(d) A TRUE COPY OF THE STATEMENT DATED 20.11.2018 MADE BY THE CW8 UNDER SECTION 161 CRPC Annexure-C(e) A TRUE COPY OF THE STATEMENT DATED 20.11.2018 MADE BY THE CW9 UNDER SECTION 161 CRPC..
Annexure-C(f) A TRUE COPY OF THE STATEMENT DATED 20.11.2018 MADE BY THE CW10 UNDER SECTION 161 CRPC Annexure-C(g) A TRUE COPY OF THE STATEMENT DATED 20.11.2018 MADE BY THE CW11 UNDER SECTION 161 CRPC Annexure-D A TRUE COPY OF THE G.O.(CRI.) NO.
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