The Kerala High Court has invalidated criminal proceedings against a man accused of impersonating a police officer and gaining access to the home of cricketer S Sreesanth.
Justice Bechu Kurian Thomas issued the order to dismiss the case against Nilesh Ramachandra Japthap, who was accused of impersonating a police officer and entering the residence of cricketer S Sreesanth.
Japthap, a Mumbai native, allegedly informed the security guard at Sreesanth's residence that he was a member of the Mumbai Police in order to gain entry. After being granted access, he purportedly claimed to be a staff member of the Board of Control for Cricket in India (BCCI) when interacting with Sreesanth's parents.
As a result, he faced allegations of violating Section 419 of the Indian Penal Code (IPC), which outlines the punishment for cheating by impersonation.
Japthap petitioned the High Court to dismiss the legal proceedings against him. Upon review, the Court noted that mere impersonation alone does not constitute an offence under Section 419. It emphasized that impersonation must be coupled with an act of cheating, as defined under Section 415 of the IPC, in order to qualify as an offence.
The Court observed from the final report that there were no allegations suggesting that Japthap had caused or was likely to cause any harm to the security guard. Consequently, the Court proceeded to annul the legal proceedings against Japthap.
Japthap was represented by a team of advocates consisting of Dheeraj Krishnan Perot, Vineetha AA, Sreerag S, Arya Devasia, Megha, and Sreepriya KU.
Case Title: Nilesh Ramachandra Japthap v. State of Kerala & Anr
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