LAWS(SC)-2022-8-167

STATE OF KERALA Vs. SISTER AMALA

Decided On August 05, 2022
STATE OF KERALA Appellant
V/S
Sister Amala Respondents

JUDGEMENT

(1.) This petition seeking leave to appeal is filed by State of Kerala against the final order dtd. 3/3/2022 passed by High Court of Kerala in Criminal MC No. 1184/2022, whereby all further proceedings against the petitioners therein/respondents herein in Crime No. 1019/2018 of Kuravilangadu Police Station were quashed. On 5/8/2022 when this matter came up for hearing the SLP was dismissed observing that the detailed judgment/order would follow. The order dtd. 5/8/2022 reads thus:

(2.) Crime No. 1012/2018 of Kuravilangadu Police Station was registered against the respondents herein, who are nuns, under Sec. 228A of Indian Penal Code (IPC) for having disclosed the identity of the rape victim in Crime No. 746/2018 of Kuravilangadu Police Station registered under Ss. 342, 376(2)(k), 376(2)(n), 376A and 506, IPC. The criminal law was set in motion by the First Information Statement (FIS) to the effect that the respondents herein have published photograph of the victim in the aforementioned crime through social media platform, WhatsApp. Obviously, in the investigation conducted it was found that the respondents had actually sent e-mail to three un-named persons working as media persons and consequently, the final report to that effect was filed under Sec. 173(2) of the Code of Criminal Procedure (Cr.PC) and ultimately it was taken as S.T. No. 4981/2019 on the file of Judicial First Class Magistrate Court-I, Pala. The stated Criminal MC was filed by the respondents herein seeking quashment of final report in S.T. No. 4981/2019 and all further proceedings pursuant thereto.

(3.) Heard the learned counsel for the petitioner. We have already made it clear in the order dtd. 5/8/2022, for the reasons stated therein, that though we do not appreciate the finding recorded by the High Court in the impugned order, we do not think it necessary to open the issue any further.