Anadi Tewari
The Kerala High Court on Friday (18th June) has observed that registration of crime under Section 102 of the Criminal Procedure Code is not in accordance with the scheme of the Code.
The single-judge bench of Justice N. Anil Kumar made it clear that “Section 102(1) of the CrPC 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 the law,” the High Court observed while quashing the registration of crime under Section 102 of CrPC against the petitioner.
Background of the Case
The FIR registered against the petitioner stated that on 27.12.2020 and allegedly sent Whatsapp videos containing prohibited items including porn materials. Accordingly, the phone was seized and the case was registered under Section 102 of CrPC.
Case details: Akhil C. v. State of Kerala [Crl. MC. No. 577 of 2021]