JOY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused 1 to 4 in ST No.930 of 2017 on the file of the Grama Nyayalaya, Vadavucode, Kolenchery, which is arsing from Annexure I FIR in Crime No. 1868 of 2017 of Puthencruz Police Station. The police, after completing investigation, has filed Annex.3 final report in Crime No. 1868 of 2017 of Puthencruz Police Station, which has led to the institution of ST No. 930 of 2017 on the file of the Grama Nyayalaya, Vadavucode, Kolenchery. A perusal of Annexure I FIR and Annexure 3 final report would make it clear that there is no mention as to the obscene words allegedly used by the petitioners. All what stated is that the petitioners have used abusive words (??? ).

(2.) It is interesting to note that the offences alleged in Annexure I FIR are those punishable under Sections 323, 324 and 506 of the Indian Penal Code. There is no allegation in Annexure 1 FIR that the petitioners have used obscene words. Further, after the commencement of the investigation, Annexure 3 final report has been filed, wherein the investigating officer has deleted the offences mentioned in Annex.1 FIR and has included a new offence under Section 294(b) of the IPC. The only averment raised in the above crime is that the petitioners have used abusive words (??? ). Moreover, it is crystal clear from a mere reading of Annexure 3 final report that the incident, in which the petitioners have used abusive words, has happened in the private property of the second petitioner and therefore, it is not in the public place as conceived in Section 294(b) of the IPC.

(3.) Petitioners seek quashment of the impugned proceedings on the ground that even if the allegations in Annexure 3 final report are assumed to be correct, still the offence under Section 294(b) of the IPC will not be disclosed.