Delays in FIR registration and lack of sanction invalidate proceedings under non-cognizable offences.

O R D E R

(Dated this the 25th day of February, 2026)

The accused in Crime No. 109 of 2021 of Kodungallur Police Station now pending as ST No. 512 of 2021 before the Judicial First Class Magistrate Court, Kodungallur filed this petition under Section 482 Cr.PC praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Section 509 IPC and section 120(o) of the Police Act. 2. The prosecution case is that the accused with the intention to insult the modesty of the defacto complainant who was working as NSS programme officer in KKTM College on one day in Janurary 2019 when the college council was going in the office of the principal, the accused allegedly abused her using filthy words, insulted her modesty and spread false allegations against her in social media.

3. According to the learned Counsel for the petitioner, even if the allegations leveled against the petitioner are believed as such, the same will not constitute the offences as alleged, under Section 509 IPC and section

120(o) of the KP Act. Further according to the learned Counsel, the offence under Section 509 IPC and section 120(o) of the KP Act are non cognizable offence and as such there is a bar under Section 155 (2) Cr.PC for taking cognizance of the above offences. Further according to the learned Counsel, though the alleged incident was on 01.01.2019, the FIR was registered only on 18.12.2021 and as such cognizance was taken after the period of limitation. Therefore, he prayed for quashing all further proceedings against the petitioner. The learned Counsel for the petitioner has relied upon the decision of this Court in James Jose v. State of Kerala [2019(3) KHC 531] in support of his argument.

4. The petition was strongly opposed by the learned counsel for the 2^nd respondent/ defacto complainant as well as by the learned Public Prosecutor.

5. As per the FI Statement, the date of incident was on 01.01.2019. The FIR was registered only on 18.01.2021, more than two years after the alleged date of incident. The punishment provided for the offences under Section 509 IPC was simple imprisonment for one year or fine or both before it was amended in the year 2013. The punishment for the offence under Section 120(o) KP Act is imprisonment upto one year or with fine which may extent to Rs.5,000/- or with both. As per Section 468 Cr.PC, the period of limitation is one year if the offence is punishable with imprisonment for a term not exceeding one year. Therefore, it can be seen that in the instant case, the cognizance was taken by the learned Magistrate after the expiry of the period of limitation provided under Section 468 (1)(b) of Cr.PC. The prosecution has no case that the delay in taking cognizance of the offence was condoned by the learned Magistrate.

6. Further, the offence under Section 509 IPC and Section 120(o) of KP Act are non cognizable and as such, for taking cognizance of those offences sanctioned as required under Section 155 (2) Cr.PC is required. In the instant case, no such sanction was required and on that ground also the case against the petitioner will not stand lie.

Since the proceedings against the petitioner are hit by Section 468 (1)(b) and 155(2) Cr.PC, no useful purpose will be served in continuing the proceedings against him and as such, this Crl.MC is liable to be allowed. In the result, this Crl.MC is allowed. All further proceedings against the petitioner in ST No. 512 of 2021 before the Judicial First Class Magistrate Court, Kodungallur arising out of Crime No. 109 of 2021 of Kodungallur Police Station is quashed.

Sd/-