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Judgment
Dr. Kauser Edappagath, J
This Crl.M.C has been filed to quash Anneuxre I FIR and all further proceedings in Crime No.708/2021 of Guruvayoor Police Station.
The offence alleged is under Section 102 of Cr.P.C.
The prosecution allegation is that on 6/6/2021,the petitioner downloaded child porn materials and circulated with the friends through social media.
Accordingly, the Redmi-5 phone of the petitioner was seized and the crime was registered under Section 102 of Cr.P.C.
Heard both sides.
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 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 Cr.P.C itself is illegal. Hence, the registration of crime under Section 102 of Cr.P.C as per Annexure
I against the petitioner is liable to be quashed.
In the result, the Crl.M.C stands allowed. All further proceedings pursuant to Anneuxre I FIR in Crime No.708/2021 of Guruvayoor Police Station
against the petitioner stands quashed.
However, it is made clear that this order will not stand in the way of registering any crime under the provision of any other penal statute, if after the
receipt of FSL report it is found that any offence is involved.