Muhammed Fouse Manaparambil vs State Of Kerala

Gopinath P., J

Petitioner was the 13th accused in Crime No.200/2018 of Mancherry Police Station, Malappuram District, alleging commission of offence punishable under Section 228 A(1) of the Indian Penal Code and Section 23 (4) r/w Section 23(1) of the Protection of Children from Sexual Offences Act (POCSO Act), 2012. The precise allegation against the petitioner and the other accused is that they were all members and administrators of a WhatsApp group, in which certain details regarding a minor victim who was raped and killed at Kathwa, Jammu & Kashmir was shared.

The learned counsel appearing for the petitioner would submit that after the filing of a final report, the case was numbered as SC No.1377/2021 on the file of the Fast Track Special Court-II, Manjeri. It is submitted that thereafter the trial against some of the accused was split up and the case was renumbered as SC No.671/2023 on the file of the same court. It is submitted that several of accused have pleaded guilty and they have been imposed with fine of Rs.10,000/-. It is submitted that two non-bailable warrants are now pending against the petitioner. It is submitted that the petitioner is now abroad and intends to come to India on 11-09-2023, in connection with his marriage. It is submitted that there is absolutely no allegation even in the final report that the petitioner had posted any message and he has been roped in as an accused only on the ground that he was one of the administrators of the group. The learned counsel also relies on the judgment of this Court in Manual v. State of Kerala and another; 2022 (2) KHC 142, to contend that mearly by being an administrator of a WhatsApp group, the petitioner cannot be prosecuted for the offence alleged against him.

The learned Public Prosecutor submits that the case against the petitioner is now pending as SC No.1534/2021 on the file of the Fast Track Special Court, Manjeri, and the petitioner is the 2nd accused in that sessions case.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor and having regard to the judgment of this Court in Manual (supra), I am of the view that the proceedings against the petitioner can be quashed. There is no statement in the final report which would indicate that the petitioner was in any manner responsible for the posting of any content. He has been roped in on the ground that he was one of the administrators of the WhatsApp group in question. Taking into consideration the law laid down by this Court in Manual (supra), merely only the ground that the petitioner was one of the administrators of the WhatsApp group in which certain content was shared, he cannot be stated to have committed the offence under Section 23 of the POCSO Act.

Accordingly, the Crl.MC is allowed. All further proceedings against the petitioner in SC No.1534/2021 on the file of the Fast Track Special Court, Manjeri, Court will stand quashed.