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2020 Supreme(Ker) 850

ALEXANDER THOMAS
Ramesh – Appellant
Versus
Sub-Inspector Of Police, Thiruvambady Police Station – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.Arun Ajay Shankar, Sri.Jikku Seban George, Advs.
For the Respondent: Sri.Prathap. S.R.K., Sri.V.G.Surendran, Smt.A.S.Sangeetha, Sri.P.L.Venu Kumar, Sri.Venu Valiya Parambil, Sri.B.Jayasurya, Public Prosecutor

ORDER :

The prayers in the above Criminal Miscellaneous Case filed under Section 482 of the Code of Criminal Procedure, 1973, are as follows:

    “(i). Quash Annexure No.A1 and Annexure A2 in crime No.404/2015 of Thiruvambady Police Station, and

(ii). Pass any appropriate order as deemed just and proper.”

2. Heard Sri.Jikku Seban George, learned counsel appearing for the petitioner (accused) and Sri.B.Jayasurya, learned Prosecutor appearing for R-1 (State) and Sri.S.R.K.Prathap, learned counsel appearing for R-2 (lady defacto complainant).

3. The petitioner has been arrayed as the sole accused in the instant impugned Anx.A1 Crime No.404/2015 of Thiruvambady Police Station, Kozhikode District, for offences punishable under Secs.153 & 506 of the IPC. The gist of the allegations against the petitioner in the above crime is that, on 24.10.2015 the petitioner had allegedly sent a picture/photograph through Whatsapp from his mobile number to the mobile cell number of one Sri.C.V.Sunit and the transmitted picture/photograph was the campaign poster of the 2nd respondent lady defacto complainant in which the faces of the 2nd respondent who was a candidate as well the national leader of a political

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