The Kerala High Court stated that the minor nature of the offense, absence of intent, and the positive development of the accused are good reasons to drop the prosecution.
The Kerala High Court has granted the State’s request to drop charges against four individuals in a 20-year-old criminal trespass case. The court noted that the offense was minor, the accused lacked intent to commit a crime, and they have shown personal growth. This decision came during a review initiated by the State, challenging a previous ruling by the Judicial First Class Magistrate. Justice K. Babu, in a single-judge bench, remarked that there was no evidence indicating that the accused had the necessary intent for the alleged crimes. He also highlighted that many of them have become committed social workers.
The State Public Prosecutor represented the petitioner. The prosecution claimed that four college students, acting together, trespassed into the Treasury office compound in Kattakkada and damaged its windows by throwing stones, resulting in a loss of Rs 250 to the government. They faced charges under Section 447 with Section 34 of the Indian Penal Code, 1860, and Section 3(2)(c) of the PDPP Act, 1984. The Assistant Public Prosecutor requested to withdraw the case, but the Magistrate rejected this, stating that the prosecutor had not thoughtfully considered the matter and was merely following government orders. The Public Prosecutor explained that on the day of the incident, the students were part of a protest for a classmate who had taken her life after being denied a bank loan for education, which led to a confrontation with local residents.Some individuals threw stones at the Treasury building, causing minor damage to one of its windows.
The Bench observed that the prosecution’s arguments included the absence of clear evidence linking each accused to the crimes, the small loss of Rs 250, and the fact that the accused had no prior criminal records. The Bench remarked, “Public interest is not fixed; it changes over time and depends on the situation.” They noted that the students’ protest, led by the accused, was for a valid reason, and their intention was to peacefully sit in a dharna outside the Treasury building. However, local residents intervened and stopped them.
The Bench also pointed out that the criminal case initiated by the police in 2004 is still unresolved. In 2008, the Government chose to withdraw the prosecution. The public prosecutor mentioned that the accused have become responsible citizens, with many now serving as political leaders or social workers. Taking these facts and legal considerations into account, the Bench stated, “I believe that withdrawing the prosecution will benefit society and help maintain social order. It serves the public interest.” The Bench further noted that the minor nature of the offense, the lack of intent from the accused, and their transformation into dedicated social workers are positive factors for allowing the withdrawal of prosecution. Consequently, the Bench dismissed the complaint case and released the accused from the alleged charges.
Cause Title: State of Kerala vs. Sreenath [Neutral Citation: 2024:KER:74890]
Appearance:
Petitioner: State Public Prosecutor
