Sachin Chandran E vs State Of Kerala

A. Badharudeen, J

This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash Annexure A1 FIR and charge in S.C.No.499/2022 on the files of the Fast Track Special Court, Taliparamba, arose out of Crime No.156/2022 of Pariyaram Medical College Police Station, Kannur. The petitioner herein is the 1st accused in the above case.

Heard the learned counsel for the petitioner and the learned Public Prosecutor, on admission.

In the instant case, the prosecution alleges commission of offences punishable under Section 354D of the Indian Penal Code and Section 11(v) r/w Section 12 and Section 13(c) r/w Section 14 of the Protection of Children from Sexual Offences Act, 2012. The precise allegation is that, the accused used to send WhatsApp messages containing defamatory allegations against the de facto complainant and nude photograph of her daughter. The further allegations is that, from 2019 onwards, the son of the de facto complainant also had been getting threatening messages on his WhatsApp number and Instagram account and accordingly, this was complained to the police and crime was registered and investigated. Eventually, final report also filed.

While assailing the final report, the prime contention raised by the learned counsel for the petitioner is that, the petitioner is innocent and the allegations against him, are false. According to the learned counsel for the petitioner, the petitioner is working as an autorickshaw driver and the family members of the de facto complainant are well known to him. In fact, the petitioner informed the family members about the photos and messages received by him from fake accounts. Even the statement of the de facto complainant itself would suggest that she had only doubt that the same were done by the petitioner. According to the learned counsel for the petitioner, as per the prosecution records, nothing collected to find complicity of the petitioner in the matter of sending messages containing defamatory allegations against the de facto complainant, in any manner and therefore, the entire prosecution is unwarranted.

Whereas, it is submitted by the learned Public Prosecutor that, going by the entire allegations, it could be gathered that, the fake accounts were created by the petitioner, who thereafter, sent messages containing defamatory allegations and nude photograph of the daughter of the de facto complainant, with intention to defame her and therefore, the offences are made out, prima facie and in such a case, quashment sought for, is liable to fail.

In this matter, the prosecution allegation is that, messages containing defamatory allegations against the de facto complainant and the nude photograph of the daughter of the de facto complainant, were sent to the WhatsApp numbers of the de facto complainant and her husband by the accused from his mobile numbers viz., 7012181846, 7012609155, 8921509997 and the CAF, CDR and IPDR were collected to connect the accused with the messages. That apart, the mobile phones which received the messages, including that of the de facto complainant, her husband and her son also recovered, specifically  alleging that  the messages and photos were sent by the accused. In fact, the CAF,  CDR and IPDR details are matters to be let in evidence by the way known to law and only on getting the evidence  adduced, its veracity could be addressed to see  that whether the accused is the person who created the fake ID and forwarded the messages.

However, prima facie, the allegation appears to be convincing and therefore, quashment of the proceedings, arresting prosecution of the matter, at the threshold, cannot be considered. Therefore, this petition is liable to fail and is dismissed.

Registry is directed to forward a copy of this order to the jurisdictional court, for information and further steps.