SANJAY ZACHARIAS Vs. STEPHEN GEORGE

JUDGEMENT

(1.) This is a petition filed under Sec. 482 of the Criminal Procedure Code seeking to quash the entire proceedings in Annexure-1 complaint and Annexure-2 First Information Report and all further proceedings in crime 1494/2021 of Pala police station as against the petitioner to the extent the same imputes the petitioner with an offence under Sec. 67A of the Information Technology Act, so as to secure the ends of justice.

(2.) Crime No.1494/2021 of Pala police station was registered on 14/7/2021 on the basis of a complaint preferred by the 1st respondent Stephen George, who is a former MLA, before the Station House Officer alleging offence under Sec. 67 and 67A of the Information Technology Act, Ss. 469, 471, 120B of the IPC and Sec. 120(o) of the Kerala Police Act. The petitioner/the complainant claimed that he is the General Secretary of the Kerala Congress(M) and a former MLA of the Kerala Congress (M), which is a recognised political party. According to him, the accused dishonestly and fraudulently forged electronic records to harm the reputation of Sri.Jose K. Mani, who is a political leader and Chairman of the Kerala Congress (M), who was a former member of the Lok Sabha and son of the former party leader late Sri. K.M. Mani. Sri. Jose K. Mani is well-known for his honesty, integrity and trustworthiness. He belongs to a very highly respectable and noble family and also a reputed member of the society and a well-known leader across the State and a visible media personality. The accused had dishonestly and fraudulently forged electronic records to harm the reputation of Sri.Jose K. Mani and Sri.Thomas Chazhikkadan, who is a former MLA and a sitting Member of the Parliament who has spotless reputation, goodwill, integrity and trustworthiness in general public. It is alleged that the accused and his associates have published sexually explicit materials through social media platforms such as Facebook, Whatsapp etc. In one instance, he published posts of Sri.Jose K. Mani fabricating his picture with the infamous Saritha with a comment therein that [XXXXXXXXX] and got electronic record published and transmitted through 'Palkaran Pala', a Facebook page. It also came out that he had fraudulently created a Facebook ID in the fake name of Thomas Mathew, handling the ID through Thomas Mathew, has stipulated and transmitted another obscene, sexually explicit post, "for defeated Jose, Saritha has dedicated a song from jail, [XXXXXXXXX] which was posted on 9/5/2021. According to the complainant, the word [XXXXXX] is obscene and sexually explicit, meaning oral sex. The accused is continuously publishing the posts without verifying the real facts but with malicious intent to harm the reputation of Sri.Jose K. Mani and Sri.Thomas Chazhikkadan. He had also published facebook posts in his personal blog 'Palkaran Pala' with forged pictures of Sri.Jose K. Mani and a film comedian with comments that he had sold Piravam seat for a price and that he was holding a currency counting machine. Similar other matters published in the social media have been highlighted by the complainant for initiating criminal prosecution against the accused. On that basis, the crime was registered and during the course of investigation the petitioner moved the Sessions Court, Kottayam seeking anticipatory bail under Sec. 438 of Cr.P.C. But by Annexure-5 order the Sessions Judge dismissed that application. Now the petitioner has approached this Court under Sec. 482 of Cr.P.C. for quashing the entire proceedings.

(3.) As in the case put forward before the Sessions Court, he has raised four contentions before this Court for quashing the proceedings. Firstly, he says that he is totally innocent and the allegations against him are false and are politically motivated, as he belongs to opposite political denomination, the crime has been launched for wreaking political vengeance, that he is made a scape goat. Secondly, according to the petitioner, even if the allegations are taken as such without admitting, that would attract only offence under Sec. 67 of the IT Act and the ingredients of offence under Sec. 67A are not available. In that case, the offences are bailable. Thirdly, it is said that the complainant cannot have any personal grievance in the matter and he has approached the Court on the directions of his political supremo and he is not personally affected and fourthly that there is considerable delay in initiating the prosecution. Even though the alleged cause of action had arisen between 17/4/2021 and 15/5/2021, the complaint was preferred on 13/7/2021 and the crime was registered on 14/7/2021. That means, there is a delay of 60 days which has not been explained. On these considerations the proceedings are sought to be quashed.