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2019 Supreme(Ker) 780

R.NARAYANA PISHARADI
Sajidh. D, S/O. Jamal Mohammed – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.S.SREEKUMAR (SR.), SRI.P.MARTIN JOSE, SRI.P.PRIJITH, SRI.THOMAS P.KURUVILLA
For the Respondent: SRI.C.S.HRITHWIK SR.PP

ORDER :

The petitioner is the first accused in the case registered as Crime No.122/2019 of the Kadampuzha police station.

2. The offences alleged against the petitioner are punishable under Section 153 I.P.C and Section 120(o) of the Kerala Police Act, 2011.

3. The facts of the prosecution case are as follows: The newspapers had reported that two children, who belonged to socially backward class, were beaten to death by a violent mob at a place in the State of Madhya Pradesh, for defecating in open public place. The second accused in the case wrote about this incident, which is said to be a poem, and he posted the same in his facebook account. The petitioner shared the above facebook post with others. The de facto complainant made a complaint (Annexure-III) to the Sub Inspector of Kadampuzha police station regarding the above mentioned facebook post. He alleged that the words used in the facebook post are insulting to Hindu religion and they caused very much pain to him who professes and practises the Hindu religion. On the basis of that complaint, Annexure-IV first information report (FIR) was registered against the petitioner and the second accused for the offences mentioned above.

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