SANJEEV Vs. STATE OF KERALA

JUDGEMENT

(1.) The scope and extent of the penal provision of Sec. 153 of the Indian Penal Code, 1860 (for short 'IPC') is required to be considered in the present case. Accused is facing an indictment for the offence under Sec. 153 IPC and Sec. 120(o) of Kerala Police Act, 2011 (for short 'Police Act') on the basis of a post in a WhatsApp group, consisting of members of a local Municipal ward.

(2.) The former Home Minister of Kerala Sri.Kodiyeri Balakrishnan died on 1st of October, 2022[*date corrected as per order dtd. 05/04/2023]. In a board kept by a branch committee of the Communist Party of India - Marxist, in front of a temple at Puthiyadam along with the photograph of the departed soul, it was written as [xxxxxx] The prosecution alleges that with an intention to defame the accused had edited the words in the photograph as [xxxxxx] and circulated it amongst the WhatsApp group and thereby committed the offences under Sec. 153 IPC and Sec. 120(o) of the Police Act.

(3.) Adv. John Sebastian Ralph and Adv.Vishnumaya M.B. appearing on behalf of the petitioner contended that the offences alleged are not made out and therefore the FIR itself is an abuse of the process of the court. According to the counsel, even if the allegations in the FIR are admitted, it does not make out an offence done malignantly or wantonly or anything which is illegal or to give provocation to the extent of causing a riot and hence the prosecution is liable to be quashed.