ABJIJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) Nowadays, it is a trend to send threatening messages and use derogatory statements against constitutional authorities, including the Prime Minister, Chief Ministers, Judges, etc., in social media and other forums to get publicity. The police force will be forced to spend their valuable time to find out whether it is for publicity or with a specific motive. After making such statements, the accused will approach the court of law with a petition stating that no offence is made out or raising technical grounds to escape from the prosecution. The question to be decided in this case is whether, in such cases, the accused should face trial or the court should exercise its discretionary jurisdiction to prematurely terminate such cases.

(2.) The election result of the Kerala State Legislative Assembly was declared on 2/5/2021, and the Left Democratic Front, led by the then Chief Minister, obtained about 99 seats to form a new government. On 2/5/2021 at 20:22 hours and 22:13 hours, a message came to the Additional Private Secretary to the Chief Minister, Sri. Pinarayi Vijayan from a Mobile number 9074656746 stating that "I will kill Pinarayi Vijayan". The Additional Private Secretary to the Hon'ble Chief Minister informed the same to Director General of Police. The Director General of Police issued directions to take legal action immediately. Accordingly, Crime No. 309/2021 was registered by the Ernakulam Town South Police Station against the petitioner alleging offences punishable under Ss. 153 & 506(i) of the Indian Penal Code, 1860 (for short 'IPC') and also under Sec. 120(o) of the Kerala Police Act, 2011 (for short 'KP Act'). After investigation, a final report is filed arraigning the petitioner as the accused. Annexure-I is the final report. The petitioner appeared before the trial court and filed an application under Sec. 258 of the Criminal Procedure Code, 1973 (for short 'Cr.P.C.') to stop the proceedings. The Additional Chief Judicial Magistrate (Economic Offences), Ernakulam dismissed that petition as per order dtd. 12/5/2023 in C.M.P. No.2091/2023 in C.C. No.905/2021. Aggrieved by the same, this Revision Petition is filed.

(3.) Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.