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2025 Supreme(Online)(Ker) 49180
IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
HARIDAS – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 6613 OF 2025|CC NO.1183 OF 2024
For the Appellants/Petitioners: C.DHEERAJ RAJAN, ANAND KALYANAKRISHNAN, LIBIN VARGHESE
For the Respondents: SUDHEER.G
Charges under Section 75 of the Juvenile Justice Act can be quashed in light of prior rulings, while allowing prosecution under the IPC for unlawful assembly.
Headnote:(A) Indian Penal Code, 1860 - Sections 143, 147 & 283 read with Section 149 - Juvenile Justice (Care and Protection of Children) Act, 2015 - Section 75 - Protest leading to unlawful assembly with minors - The accused formed an unlawful assembly on 21.03.2021, protesting against a bar hotel while subjecting minors to hardships. The court previously quashed similar charges against other accused, leading to the decision to quash the charge under Section 75 of the JJ Act against the current petitioners, allowing the continuing prosecution under IPC sections. (Paras 1-6)
Facts of the case:
The petitioners were accused in a case involving unlawful assembly and mistreatment of minors during a protest. The previous court ruling affected the current case under Section 75 of the JJ Act.
Findings of Court:
The charge under Section 75 of the JJ Act was quashed, allowing prosecution to continue under IPC.
Issues: Whether the charges under the JJ Act were applicable given the previously quashed offenses against others.
Ratio Decidendi: The reasoning in a prior case, leading to the quashing of similar charges, is applicable to the present petitioners.
Result: Charge under Section 75 of the JJ Act quashed; prosecution to proceed under IPC sections.
| Table of Content |
|---|
| 1. alleged unlawful assembly and offences against ipc and jj act (Para 1 , 2) |
| 2. arguments against accusation and quashing proceedings (Para 3) |
| 3. court's reasoning based on previous similar case (Para 4 , 5) |
| 4. ruling on quashing section 75 of jj act while allowing ipc offences to continue (Para 6) |
ORDER
The petitioners are accused Nos.1 to 11, 13 to 15, 17 to 23, 25 to 30 and 32 to 46 in C.C.No.1183/2024 on the files of the Judicial First Class Magistrate Court, Thrissur, which arose out of Crime No.194/2021 of Cherpu Police Station, Thrissur. The offences alleged against them are under Section s 143 , 147 & 283 read with Section 149 of the Indian Penal Code , 1860 (in short, ‘ IPC '), and Section 75 of the Juvenile Justice (Care and Protection of Children) Act , 2015 (in short, ‘JJ Act’).
2. The prosecution case is that on 21.03.2021, at about 10:50 a.m., the petitioners, along with other accused, formed themselves into an unlawful assembly and launched a protest against a bar hotel, by taking minor children along with them and subjecting them to hardships.
3. In the present petition, the petitioners would contend that none of the offences, as alleged against them, are attracted in the facts and circumstances of this case, and hence the proceedings against them are liable to be quashed.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor representing the State of Kerala.
5. Earlier accused Nos.16 and 31 had approached this Court by filing Crl.M.C.No.8960/2024 to quash the proceedings against them. As per the order dated 20.11.2024 in the aforesaid case, a learned Single Judge of this Court had quashed the offence under Section 75 of the JJ Act attributed against the aforesaid accused and permitted the continuance of criminal prosecution in respect of the offence under Section s 143 , 147 & 283 read with Section 149 of the IPC .
6. The reasoning adopted by this Court in the aforesaid order is applicable against the present petitioners as well. Needless to say that the offence under Section 75 of the JJ Act slapped against the petitioners herein, is liable to be quashed.
In the result, the petition stands allowed in part as follows:
The case against the petitioners in connection with the commission of offence under Section 75 of the JJ Act is hereby quashed. It is made clear that the prosecution could be continued in respect of the offences under Section s 143 , 147 & 283 read with Section 149 IPC against the petitioners.
