ROHIT KRISHNA Vs. STATE OF KERALA

JUDGEMENT

(1.) Sec. 95 of the Indian Penal Code says that 'nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.' This is a welcoming Sec. in the Indian Penal Code, which has to be in the mind by every police officer while investigating a case. The facts of this case would show that, at least a minority of the investigating officers fail to remember Sec. 95 of the Indian Penal Code which has been in existence from 1860!

(2.) This criminal miscellaneous case is filed to quash Annexure 2 final report which is now pending as S.C No. 148/2021 before the Additional District Court-I, Thrissur. The case was charge sheeted by the Kunnamkulam police, alleging offences punishable under Sec. 153 of the Indian Penal Code and Sec. 3(1) of the Prevention of Damages to the Public Property Act ('the PDPP Act' for short).

(3.) The prosecution case is that on 10/10/2015 at 10:00 PM, the accused in this case in connection with election to Local Self Government Institutions illegally affixed a poster on the electric post with gum and thereby committed mischief to the public property. Hence it is alleged that the accused committed the offence. It is also stated that the above act would affect identification of the post of the consumers of electricity by the Electricity Board and would prevent the Board from resumption of power supply in time. It is also stated that to remove the poster from the electric post, the Board had to spend Rs.63.00 and hence it is alleged that the accused committed the offence under Sec. 3(1) of the PDPP Act and Sec. 153 of the Indian Penal Code. Subsequently the offence under Sec. 140 of the Electricity Act, 2003 was also added and the case was refiled as C.P No.49/2021 by the Judicial First Class Magistrate Court, Kunnamkulam and the matter was committed to the Sessions court and now the case is pending before the Additional District Court-I, Thrissur as S.C No.148/2021.