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2024 Supreme(Ker) 837

A. BADHARUDEEN
NOBLE PEREIRA S/O ANTONY PAREIRA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: GEORGE MATHEW, ELSA DENNY PINDIS, SUNIL KUMAR A.G., MATHEW K.T., GEORGE K.V., STEPHY K. REGI, MEDHA B.S.
For the Respondent: M.P. PRASANTH.

ORDER :

1. The sole accused in C.C.No. 2565/2020 on the files of Judicial First Class Magistrate Court, Thalassery, has filed this Criminal Miscellaneous Case under Section 482 of the Code of Criminal Procedure, seeking quashment of Annexure A1 complaint, Annexure A2 FIR, Annexure A3 final report and all further proceedings in C.C.No. 2565 of 2020 on the files of Judicial First Class Magistrate Court, Thalassery, in Crime No. 918 of 2020 of Thalassery Police Station, Kannur.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the relevant documents.

3. As per the prosecution allegation, the defacto complainant, who is a Nun under the Thalassery Diocese, while working as Coordinator of KCBC Anti Liquor Forum as part of a protest against liquor shops, on 11.05.2020, lodged complaint stating that the accused herein published photograph of the defacto complainant morphing the phraseology in the placard using insulting words such as [OTHERS LANGUAGE] through Facebook as well as WhatsApp and thereby committed offences punishable under Sections 294(b) and 509 of the Indian Penal Code as well as Section 120(o) of the Kerala Police Act.

4. The le

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