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Kerala High Court frees man because he’s charged under wrong CrPC provision

Justice N. Anil Kumar said that registration of crime against the petitioner under this provision is illegal. The judge was hearing a plea by Akhil C.

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The Kerala High Court on Friday set aside proceedings against a 21-year-old man, ruling that the proceedings of the said “crime”, using the provisions of Section 102 of CrPC, was illegal. While the section simply deals with the police’s power to seize stolen property, the alleged “crime” was about the man having allegedly sent WhatsApp videos containing prohibited items including pornographic material.

Justice N. Anil Kumar said that registration of crime against the petitioner under this provision is illegal. The judge was hearing a plea by Akhil C.

The Petitioner was arrayed as an accused in an FIR of Nilambur Police Station, Malappuram District alleging offence punishable under Section 102 of the Code of Criminal Procedure. What was alleged by the prosecution was that the accused was found using a Motorola phone on December 27, 2020, with which he ahd allegedly sent those messages. Tghe phone was seized and a case was registered under Section 102 of Cr.P.C.

The judge observed: “Apparently, the registration of crime under Section 102 of CrPC is not in accordance with the scheme of Criminal Procedure Code. Section 102(1) of the CrPC enables a Police Officer to seize any property which may be alleged or suspected to have been stolen or which may be found under circumstances which create suspicion of the commission of any offence.”

Read Also: Aim Of Each Court Is To Find The Fact: Supreme Court Clarifies Scope Of Section 311 CrPC

The Court held: “Needless to say that consequent to the seizure of property, it is necessary on the part of the Station House Officer to register a case in accordance with law. Section 102 of CrPC is not an offence and hence the registration of crime against the Petitioner under Section 102 of Code of Criminal Procedure itself is illegal. Hence, the registration of crime under Section 102 of CrPC as per against the Petitioner is liable to quashed.”

As a result, the all further proceedings pursuant of Nilambur Police Station, Malappuram District against the Petitioner stands quashed, the Court ordered.

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