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2023 Supreme(Ker) 643

P. V. KUNHIKRISHNAN
Fr Geevargese John @ Subin John – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.ABRAHAM SAMSON, SMT.LOVELY SAMSON
For the Respondent: SRI.K.RAKESH, SRI. VIPIN NARAYAN, PUBLIC PROSECUTOR

Judgement Key Points

Based on the provided legal document, the key legal points are as follows:

  1. The case involves a petition challenging the applicability of Section 120(o) of the Kerala Police Act, 2011, which prescribes penalties for causing nuisance and violation of public order through means of communication (!) (!) .

  2. The essential elements of an offence under Section 120(o) include causing nuisance of oneself to another person via communication means, which can include repeated, undesirable, or anonymous calls, letters, messages, emails, or via a messenger (!) (!) (!) .

  3. The court examined whether the Facebook posts in question constituted causing nuisance under this section. It concluded that the nature of the Facebook posts, including the alleged defamatory content, does not fall within the scope of causing nuisance as defined by the section (!) (!) .

  4. The court emphasized that there is no proper punishment prescribed for defamatory statements and posters on social media platforms under the current law, indicating a need for legislative review to address this gap in the context of modern technology (!) (!) .

  5. The court found that the allegations, even if accepted in their entirety, do not satisfy the criteria for an offence under Section 120(o). Consequently, the registration of the case under this section was deemed an abuse of process, leading to the quashing of the proceedings (!) (!) (!) .

  6. Overall, the court held that the offence under Section 120(o) was not attracted in this case, and the criminal proceedings related to the case were accordingly quashed (!) .

Please let me know if you need a more detailed analysis or specific legal advice related to this case.


ORDER :

This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity).

2. The petitioner herein is the accused in Crime No. 263/2017 of Edakkara Police Station now pending before the Judicial Magistrate of First Class Court, Nilambur as S.T. No.677/2017. The above case is charge sheeted against the petitioner alleging offences punishable under Section 120(o) of the Kerala Police Act. The case was registered based on a complaint filed by the 2nd respondent. Annexure-A1 is the complaint. Annexure-A3 is the F.I.R. Annexure-A4 is the First Information Statement. Annexure-A5 is the Facebook post.

3. The 2nd respondent is an Orthodox Christian Priest of the Indian Orthodox Church. The main allegation in the complaint lodged by the 2nd respondent is that on 08.08.2017, about 35 priests from Malankara Orthodox Church conducted a Hunger Strike before the Head of the Orthodox Church in the Main centre, Kottayam holding a Banner. But, it is stated that with an intention to insult, the rival priest replaced the banner and defamed him before the fellow priests and public at large. Based on Annexure-A1 to A5, the Judicial Ma

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