LAKSHMI PRATHAPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in Crime No. 1500 of 2012 of Aluva East Police Station registered for offences under S. 119(1)(b) of Kerala Police Act, Ss. 66E and 67 of the Information Technology Act and S. 21 of the Juvenile Justice (Care and Protection of Children) Act, 2000. The said crime has been registered on the basis of a compliant referred to the police for investigation as per the directions issued by the jurisdictional Magistrate by virtue of the enabling powers conferred under S. 156(3) of the Code of Criminal Procedure. The compliant is seen filed by the caretaker of Children's Home, Kakkanad, Ernakulam as per Crl.MP. No. 935 of 2012 before the Judicial First Class Magistrate Court - Aluva on 05.06.2012. According to the complainant, she is the caretaker of the Children's Home, Kakkanad and the victim in Crime No. 549 of 2011 of Varappuzha Police Station was staying in the said Children's Home and was brought to the Court for the purpose of test identification parade with respect to a suspected accused in that crime on 05.06.2012 at about 3:30 p.m. It is alleged in the complaint that the accused herein, who is the wife of the above said suspected accused in Crime No. 549 of 2011 of Varappuzha Police Station, had taken the mobile photograph of the victim and that action should be taken for misusing the photograph. It is the case of the petitioner herein, who is the said accused in the instant Crime No. 1500 of 2012 of Aluva East Police Station, that even if the allegations are accepted in toto, none of the alleged offences in the said crime will be attracted in the facts of this case. Annexure I is the complaint dated 05.06.2012 submitted by the caretaker before the Judicial First Class Magistrate Court-I, Aluva, which led to the registration of the impugned Annexure II F.I.R. in Crime No. 1500 of 2012 of Aluva East Police Station. It is in the light of these facts and circumstances that the petitioner herein has filed the instant Crl.M.C. seeking the invocation of the inherent powers conferred on this Court as per S. 482 of the Cr.P.C. with the prayer to quash the impugned Annexure II F.I.R. in Crime No. 1500 of 2012 of Aluva East Police Station and all further proceedings arising therefrom. During the pendency of the Crl.M.C., the police had completed the investigation and submitted Annexure IX final report/charge sheet filed in the impugned Annexure II Crime No. 1500 of 2012 of Aluva East Police Station. The petitioner had filed Crl.M.A. No. 10936 of 2014 in this Crl.M.C. seeking appropriate amendments of the Crl.M.C. and also seeking the amended prayer to quash the impugned Annexure IX final report/charge sheet filed in Annexure II Crime No. 1500 of 2012 of Aluva East Police Station. Annexure IX final report/charge sheet dated 26.05.2014 has been filed by the police before the jurisdictional Magistrate concerned, stating that the mobile phone and its camera alleged to have used by the accused in the commission of the instant offences has been forwarded for Cyber Forensic Examination to the Forensic Science Laboratory concerned and that as soon as the report in that regard from the Forensic Science Laboratory is obtained by the police, the same would be submitted before the court. Accordingly, this Court had passed an order dated 05.11.2014 in this Crl.M.C. directing the Forensic Science Laboratory, Thiruvananthapuram, to whom the mobile phone was sent for cyber forensic examination, to forthwith conduct and complete the cyber forensic examination of the article, without any further delay and send the report along with the mobile phone to the above said Magistrate Court dealing with the case in the instant crime and the Director of the Forensic Science Laboratory, Thiruvananthapuram was directed to ensure compliance of that order with the further direction that necessary report as directed above with the article reaches the above said Magistrate Court on or before 27.11.2014 with the necessary report of the Investigating Officer. When the case was taken up for consideration on 12.12.2014, the learned Public Prosecutor had made available to the court a copy of the cyber forensic analysis report dated 17.11.2014 filed in the instant crime by the State Forensic Science Laboratory, Thiruvanthapuram. The print out of the video pictures/photographs retrieved from the said mobile camera of the accused has also been incorporated along with the said cyber forensic analysis report. After meticulously perusing through all the printouts of such video clips/photographs retrieved from the camera, learned Public Prosecutor fairly submitted that none of these photographs would disclose the commission of any of the alleged offences involved in this crime. By order dated 12.12.2014, the prayer in Crl.M.A. 10936 of 2014 for amendment of the Crl.M.C. was also allowed. The amended Crl.M.C. has also been filed by the petitioner today.

(2.) Sri. R.T. Pradeep, learned counsel for the petitioner, would submit that the cyber forensic examination report submitted by the Forensic Science Laboratory would clearly and conclusively show that none of the offences alleged in the instant crime would be made out in the instant case.

(3.) Heard Sri. R.T. Pradeep, learned counsel appearing for the petitioner and learned Public Prosecutor appearing for the respondent State of Kerala.