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Judgment
N.Anil Kumar, J
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
The petitioner is arrayed as accused in FIR No.0565/2020 of Nilambur Police Station, Malappuram District alleging offence punishable under
Section 102 of the Code of Criminal Procedure as per Exhibit A-1.
The prosecution allegation is that the petitioner was found using Motorola Phone bearing Sim No.7012840690 on 27.12.2020 and allegedly sent
Whatsapp vidoes containing prohibited items including porn materials. Accordingly the phone was seized and the case was registered under Section
102 of Cr.P.C.
Apparently, the registration of crime under Section 102 of Cr.P.C. is not in accordance with the scheme of Criminal Procedure Code. Section
102(1) of the Cr.P.C. 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. 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 Cr.P.C. 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 Cr.P.C. as per Exhibit A1 against the petitioner is liable to quashed.
In the result, the Crl.M.C. stands allowed. All further proceedings pursuant to Annexure A-1 FIR No.0605/2021 of Nilambur Police Station,
Malappuram District against the petitioner stands quashed.