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2014 Supreme(Ker) 682

P.UBAID
Salman – Appellant
Versus
State of Kerala – Respondent


ORDER :

The petitioner herein is the first accused in Crime No.1201 of 2014 of Thampanoor Police Station, registered under Section 66A of the Information Technology Act, Section 124 (A) of Indian Penal Code, and also under Sections 2 and 3 of Prevention of Insults to National Honour Act. The allegation against him is that he committed acts of contempt and disrespect to the national anthem on 18.8.2014 by making noise and hue and cry, on hearing the national anthem being sung, and on the same day, as a continuation, he spread contemptuous, offensive and seditious information against the Nation through Internet. The petitioner seeks orders under Section 482 of the Code of Criminal Procedure quashing the F.I.R on the ground that the allegations made against him will not constitute any of the offences incorporated in the F.I.R.

2. On hearing both sides, I find that the allegation against the petitioner is really very serious in nature, and it requires effective investigation. The contention raised by the petitioner is not acceptable at all, that the allegations made by the police will not constitute any of the offences. No doubt, spreading any information, seditious or offensive, through






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