Registration Of Crime Under Section 102 CrPC Illegal, Its An Enabling Provision To Make Seizure By Police : Kerala High Court

Advocate Cherian Mathew Poothicote, for petitioner Akhil C submitted that an FIR was registered against him in the Nilambur Police Station alleging an offence punishable u/s 102 of the Code of Criminal Procedure.

The FIR contended that the petitioner was found using a phone on 27.12.2020 through which he allegedly sent Whatsapp videos containing prohibited items including porn. Accordingly, the phone was seized and a case was registered under Section 102 of CrPC.

Justice N. Anil Kumar observed that registration of crime under Section 102 is not in accordance with the scheme of the Code. Section 102(1) only 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'.

Moreover, consequent to such seizure, it is necessary that the Station House Officer registers a case in accordance with law. The Court observed accordingly that registration of crime under Section 102 against the petitioner is liable to quashed, and annulled all the proceedings against him in this regard.

represented by Adv. 

Akhil C. V. State Of Kerala