Kerala High Court
Crl.Rev.Pet/763/2020 of SIJO IGNATIOUS Vs STATE OF KERALA on 10 April 2025
Crl.Rev.Pet.No.763 of 2020 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 CRL.REV.PET NO.763 OF 2020 IN CMP NO.3692/2018 IN CC NO.3479/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - II,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
CRL.REV.PET NO.763 OF 2020
IN CMP NO.3692/2018 IN CC NO.3479/2017 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT - II, KOLLAM IN CRIME NO.3752/2017
OF KOLLAM EAST POLICE STATION, KOLLAM
REVISION PETITIONER/PETITIONER/ACCUSED:
SIJO IGNATIOUS
AGED 33 YEARS, S/O. IGNATIOUS, SERAFF VILLA, PEREYAM CHERI, THAZHUTHALA, KOTTIYAM, KOLLAM DISTRICT.
BY ADVS.
M.JAYAKRISHNAN
SRI.C.R.BIJU KUMAR
RESPONDENT/RESPONDENT/STATE & COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031.
BY ADV.
SMT SEETHA S, SR PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
G. GIRISH, J.
-----------------------------
Crl.Rev.Pet.No.763 of 2020
----------------------------------------- Dated this the 10th day of April, 2025
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ORDER
The accused in C.C.No.3479 of 2017 on the files of Judicial First Class Magistrate Court - II, Kollam, has filed this revision petition against the order passed by the learned Magistrate in CMP No.3692 of 2018 dated 22.12.2018, declining the request of the petitioner to discharge him. The offence alleged against the petitioner is under Section 119(1)(a) of the Kerala Police Act.
2. The prosecution case is that on 19.11.2017 at about 1.00 pm, the petitioner was found to have been exhibiting sexual gestures degrading the dignity of women, at Karbala Over Bridge in Kollam East Village. The offence is said to have been detected by the Sub Inspector of Police, Kollam East Police Station, and his team during the course of their patrol duty.
3. In the present petition, the petitioner would contend that the offence alleged against him is prima facie unsustainable, since the specific gesture or overt act performed by the petitioner has not been mentioned in the report of the police.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.
5. The charge sheet filed in this case is in printed format, in which blank columns are filled up to suit the allegations levelled against the petitioner / accused. Apart from a superficial and vague allegation that the petitioner was found to have been exhibiting sexual gestures degrading the dignity of women, there is absolutely nothing stated in the report and accompanying records about the specific overt act committed by the petitioner. Nor do the statements of the members of the police team, recorded by the Investigating Officer, disclose the specific gestures or overt acts committed by the petitioner. The learned counsel for the petitioner had brought to my notice, the decisions rendered by this Court in Arun v. State of Kerala [2019 (3) KHC 132] and Arun.S. v. State of Kerala [2024 KHC 576], wherein, it has been held that, in the absence of recital in the complaint or in the First Information Report as to the specific gestures or act performed by the accused degrading the dignity of women, the offence under Section 119(1)(a) of the Kerala Police Act, is not attracted. I am also in respectful agreement with the above view expressed by the learned Judges in the aforesaid decisions. Therefore, the prosecution against the petitioner in connection with the crime said to have been committed by him, cannot be said to be legally sustainable due to the failure on the part of the prosecution to mention clearly the exact gestures and criminal act committed by the petitioner. In the result, the petition stands allowed. The proceedings against the petitioner / accused in C.C.No.3479 of 2017 on the files of the Judicial First Class Magistrate Court - II, Kollam, are hereby quashed.
Sd/-
G. GIRISH JUDGE
ded
APPENDIX OF CRL.REV.PET 763/2020
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO. 3752/ 2017 OF KOLLAM EAST POLICE STATION, KOLLAM CITY