AHAMMED MANAF Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) Petitioners are the accused in Crime No. 668/2010 of Medical College Police Station, Kozhikode. They are students of AWH Engineering College, Kuttikkattoor, Kozhikode. Crime 668/2010 was registered based on Annexure I complaint sent to Sub-Inspector of Police Medical College Police Station, by the Principal of the College, based on an enquiry conducted on receipt of a complaint forwarded an Ismail by helpline@antiragging.net on 1-9-2010. The committee reported that Petitioners were involved in asking the junior students to button up Shirts, asking irrelevant questions, asking to tuck shirts inside and asking them to march on the road, after getting down from the bus. Petitioners were suspended as provided under Section 6 of the Kerala Prohibition of Ragging Act, 1998 and the Principal forwarded Annexure-1 complaint to the police Station as provided in the section.

(2.) Section 4 of the Kerala Prohibition of Ragging Act (hereinafter referred to as the Act) is the penal provision. It reads:

(3.) Clause (c) of Section 2 of Code of Criminal Procedure defines a cognizable offence as means an offence for which and cognizable case means a Case in which a police officers may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant. The only penal provision in the Act, viz Section 4 does not provide that it is a cognizable offence. Part II of Schedule 1 of Code of Criminal Procedure provides classification of offences against other laws. Part I provides classification of offence under Indian Penal Code. Part II provides three categories of offences In the first category are offencer punishable with death, imprisonment for life or imprisonment for more than seven years. The second category of offences are those punishable with imprisonment for three years and upwards but not more than seven years. Both these categories are cogrnizable offences. Third category are offences punishable with imprisonment for less than three years or with fine only. Thes category of offences are non cognizable.