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2024 Supreme(Ker) 908

A. BADHARUDEEN
P. V Samuel @ Samuel Koodal – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: C. Unnikrishnan (Kollam), M.R. Sudheendran, Uthara A.S, Vijaykrishnan S. Menon, D. Jayakrishnan, Praveen P., Vivek Nair P.
For the Respondent: Sri.M.P.Prasanth, Public Prosecutor

ORDER :

A. Badharudeen, J.

This Crl.M.C. has been filed under Section 482 of the Code of Criminal Procedure by the petitioner/sole accused in CrimeNo.1/2021 of Cyber Crime Police Station, Kottayam, now pending as C.C. No.43/2022 on the files of Chief Judicial Magistrate Court, Kottayam, to quash the same.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Scrutinized the available records.

3. Here the prosecution alleges that the accused/petitioner herein committed offences punishable under Sections 298 and 504 of the Indian Penal Code (IPC for short hereinafter) as well as Sections 3 and 4 of the Indecent Representation of Women (Prohibition) Act, 1986.

4. The sum and substance of the allegation is that the accused/petitioner herein published a news item stating that nuns are the concubine of priests and bishops in You Tube and Facebook, whereby the accused with deliberate intention of wounding the religious feelings of nuns, intentionally insulted and thereby given human provocation, intending or knowing it to be likely that such provocation would cause harm to all the nuns. Apart from that, it is alleged that thereby the accused indecently re

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