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2024 Supreme(Ker) 564

A. BADHARUDEEN
Akash Vijay – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shajin S. Hameed.
For the Respondent: Renjit George.

ORDER :

1. This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to Annexure-C Final Report in Crime No. 623/2022 of Petta Police Station, Thiruvananthapuram, now pending as S.C. No. 2098/2023 on the files of the Additional District and Sessions Court (for the trial of cases relating to atrocities against women and children), Thiruvananthapuram.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor, in detail. Perused the relevant materials available.

3. In this matter, the prosecution alleges commission of offences punishable under Section 67(b) of the Information Technology Act (hereinafter referred as ‘IT Act’ for short) and Section 15 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred as ‘POCSO Act’ for short).

4. Precise allegation of the prosecution against the accused is that, as against the prohibitions to download, store or transmit videos of child or children aged upto 18 years, the accused herein downloaded porn videos and seen the same. It is on this premise, the prosecution alleges commission of the above said off

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