CRL.M.C.No.3097 of 2019

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE K. BABU ``` ``` WEDNESDAY, THE 25[TH] DAY OF OCTOBER 2023 / 3RD KARTHIKA, ``` ``` 1945 ``` ``` CRL.MC NO. 3097 OF 2019 ``` ## **`PETITIONER/S:`** ``` DR.SABAN.K.V AGED 56 YEARS S/O.LATE K.J.VARKEY, RETIRED PRINCIPAL ST.ALOYSIUS COLLEGE, EDATHUA P.O- 689573, ALAPPUZHA DISTRICT, (NOW RESIDING AT KURUMTHOTTATHIL HOUSE, NEAR S.B.COLLEGE, CHANGANASSERY- 686101). BY ADVS. JOHNSON MANAYANI SRI.JEEVAN MATHEW MANAYANI ``` ## **`RESPONDENT/S:`** ``` 1THE SUB INSPECTOR OF POLICE, EDATHUA POLICE STATION, EDATHUA P.O., ALAPPUZHA DISTRICT- 689573. 2STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT COMPLEX, ERNAKULAM- 682031. 3ELSAMMA JOSEPH ARAKKAL, W/O.MAXWELL, DEVAMEYAM HOUSE, VAZHAKKALA P.O., THRIKKAKARA, ERNAKULAM- 682010. BY ADVS. GOVERNMENT PLEADER C.ANILKUMAR (KALLESSERIL) SREENATH SASIDHARAN NADEEM AHAMED RESHEED ADITYA VENUGOPALAN ``` ## **`OTHER PRESENT:`** ``` REKHA PP;RAJESH A,SPL GP; ``` ## Crl.M.C.No.3097 of 2019 **==> picture [20 x 8] intentionally omitted <==** ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ## Crl.M.C.No.3097 of 2019 **==> picture [20 x 8] intentionally omitted <==** ## **K.BABU, J** . -------------------------------------Crl.M.C.No.3097 of 2019 --------------------------------------Dated this the 25[th ] day of October, 2023 ## **O R D E R** The petitioner/accused No.1 in Crime No.384/2019 of Edathwa Police Station challenges the FIR in this proceedings. He is alleged to have committed offences punishable under Sections 353, 506 **,** 509, 120B r/w Section 34 of the Indian Penal Code. 2. Accused No.2 in the crime had approached this Court in Crl.M.C.No.4290 of 2019 seeking to quash the proceedings as against him. This Court as per order dated 23.11.2021 quashed the FIR as against accused No.2. 3. The prosecution case is as follows:The Petitioner/Accused No.1 was the Principal of St.Aloysius College, Edathwa. Accused No.2 was the ## Crl.M.C.No.3097 of 2019 **==> picture [20 x 8] intentionally omitted <==** Legal Advisor of the said institution. The college authorities ordered suspension from service of one of the teaching staff and also ordered removal from service of another ministerial staff on the ground of disciplinary proceedings. Both of them complained before the Government authorities regarding the legality and the correctness of the action taken against them. The Government directed the _de facto_ complainant, the Deputy Director of Collegiate Education, Kottayam, to conduct an enquiry on the allegations levelled in the complaint. The Deputy Director of Collegiate Education, a lady, who was authorised to conduct enquiry, visited the college on 25.03.2019. The petitioner and the other accused, with the intention and preparation to cause obstruction to the discharge of official duties by the _de facto_ complainant, hatched a criminal conspiracy. Pursuant to the conspiracy, the petitioner refused to produce the relevant documents required by the de facto complainant. Accused No.2/the Legal Advisor defamed ## Crl.M.C.No.3097 of 2019 **==> picture [20 x 8] intentionally omitted <==** the _de facto_ complainant by uttering that “You are only Deputy Director not more than that… I will show you, you have to face the consequences”. 4. Based on the above pleadings, the defacto complainant alleges that the petitioner and the other accused insulted her and prevented her from the discharge of official duties. 5. Heard both sides. 6. The learned counsel for the petitioner submitted that in view of the order of this Court dated 23.11.2021 in Crl.M.C.No.4290 of 2019, the substratum of the prosecution case has been shattered. The learned Counsel submitted that the only allegation against the petitioner is that he aided accused No.2, the Legal Advisor to commit the acts mentioned above. This Court in the order dated 23.11.2021 in Crl.M.C.No.4290 of 2019 observed thus:- - “23. On an evaluation of the facts and circumstances what could be gathered is that even if the entire allegations ..6.. ## Crl.M.C.No.3097 of 2019 made in Annexure-A1 FIS, are taken on its face value and accepted in its entirety it would not constitute any offence under Sections 353, 509 and 506(i) and 120B of the Code as against the petitioner/second accused. 24. In the above backdrop, it can safely be concluded that the further proceedings against the petitioner/second accused in Crime No.384/2019 of Edathwa police station will be an abuse of process of court and hence is liable to be quashed.“ 7. I have gone through the allegations in the FIR which do not reveal any offences against the petitioner herein. On the exercise of extra ordinary power under Article 226 of the Constitution of India or the inherent power under Section 482 Cr.P.C. the Apex Court in _**State Of Haryana And Ors vs Ch. Bhajan Lal And Ors**_ (1992 KHC 600 = AIR 1992 SC 604), the Apex Court held thus :- “In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of Crl.M.C.No.3097 of 2019 **==> picture [20 x 8] intentionally omitted <==** cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised 1. Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused 2. Where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under Section 156 (1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code 3. Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused 4. Where, the allegations in the F.I.R. do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code ..8.. ## Crl.M.C.No.3097 of 2019 5. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused 6. Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party 7. Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge”. 8. The present case is fully covered by category 3 as enumerated in _**State Of Haryana**_ (Supra). In the present facts and circumstances, I am of the view that the criminal proceedings consequent to the registration of FIR against the petitioner are liable to be quashed. ## Crl.M.C.No.3097 of 2019 **==> picture [20 x 8] intentionally omitted <==** In the result, the Crl.M.C. is allowed. The FIR and all consequential proceedings against the present petitioner herein stand quashed. **K.BABU, JUDGE** kkj ..10.. ## Crl.M.C.No.3097 of 2019 ## **`APPENDIX OF CRL.MC 3097/2019`** |`PETITIONER ANNEXURES`|`PETITIONER ANNEXURES`| |---|---| |`ANNEXURE A1`|`TRUE COPY OF THE ORDER OF THE DEPUTY`| ||`DIRECTOR OF COLLEGIATE EDUCATION,`| ||`KOTTAYAM DATED 30.01.2019 TO THE`| ||`PETITIONER.`| |`ANNEXURE A2`|`TRUE COPY OF THE JUDGMENT IN`| ||`WP(C)NO.2976/2019 OF THE HON'BLE HIGH`| ||`COURT COURT DATED 25.02.2019.`| |`ANNEXURE A3`|`TRUE COPY OF THE LETTER DATED`| ||`20.03.2019,ISSUED BY THE DEPUTY`| ||`DIRECTOR OF COLLEGIATE EDUCATION,`| ||`ERNAKULAM.`| |`ANNEXURE A4`|`TRUE COPY OF THE LETTER ISSUED BY THE`| ||`PETITIONER TO THE DEPUTY DIRECTOR OF`| ||`COLLEGIATE EDUCATION, ERNAKULAM DATED`| ||`22.03.2019.`| |`ANNEXURE A5`|`TRUE COPY OF THE LETTER DATED`| ||`22.03.2019 ISSUED BY THE PETITIONER'S`| ||`COUNSEL TO THE DEPUTY DIRECTOR OF`| ||`COLLEGIATE EDUCATION, ERNAKULAM.`| |`ANNEXURE A6`|`TRUE COPY OF THE F.I.R REGISTERED BY`| ||`THE 1ST RESPONDENT AND THE`| ||`F.I.STATEMENT FILED BY THE DEFACTO`| ||`COMPLAINANT DATED 25.03.2019.`| |`ANNEXURE A6(A)`|`THE TRUE ENGLISH TRANSLATION OF THE`| ||`RELEVANT PORTION OF THE ANNEX-A6`| ||`MALAYALAM DOCUMENT.`| |`ANNEXURE A7`|`TRUE COPY OF THE ORDER OF THE HON'BLE`| ||`HIGH COURT DATED 12.04.2019 IN BA`| ||`NO.2700/2019.`|