BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) Crime No.341/2020 of Munnar Police Station was registered against the petitioner for the offence punishable under Section 120(o) of the Kerala Police Act, 2011. He was the admin of the whatsapp group called "Pulikkal"? in which he had posted a defamatory statement/messages against the Chief Minister of Kerala and the Minister of Electricity and thereby circulated an undesirable statement among the members of whatsapp group causing nuisance. The FIR so registered is sought to be quashed under Section 482 Cr.P.C. on the ground that there is no compliance of the requirement under Section 155 Cr.P.C..

(2.) There is no dispute that the offence under Section 120(o) of the Kerala Police Act, 2011 is a noncognizable offence, hence requires compliance of mandate under Section 155 Cr.P.C. The learned Magistrate has granted sanction invoking the power under Section 155(2)Cr.P.C. at the instance of the investigating officer. The sanction so granted without having an enquiry is also put under challenge.

(3.) An interesting question came up as to whether it is permissible for the investigating officer to apply and obtain sanction under Section 155(2) Cr.P.C. and what would be the legal position,if it is granted at the instance of the investigating officer.