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Raveendran – Appellant
Versus
State of Kerala – Respondent
ORDER :
Petitioner is the accused in C.C.No.1517/2016 on the file of the Judicial First Class Magistrate Court-II, Ernakulam. The above case is charge-sheeted against the petitioner alleging offences punishable under Sections 354A, 500 and 501 of the Indian Penal Code (for short, IPC) and Section 120(o) of the Kerala Police Act (for short, KP Act).
2. The petitioner is a former army officer and the second respondent is the Chief Co-ordinating Editor of Asianet News. The case was registered based on a complaint filed by the 2nd respondent alleging that the petitioner had defamed the defacto complainant and also committed the offences alleged in the final report in a speech made by him at BTH Hotel, Ernakulam. According to the petitioner, even if the entire allegations in the final report are accepted, the offences alleged are not made out and therefore prayed for quashing the final report.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I also heard the learned counsel for the 2nd respondent.
4. The counsel for the petitioner submitted that even if the entire allegations in the final report are accepted, the offences alleged in the final report are not
The court confirmed the order taking cognizance under Section 354A IPC and Section 120(o) of the Kerala Police Act while setting aside the cognizance under Sections 500 and 501 IPC due to a legal pro....
Quashment of criminal proceedings is not permissible if prima facie evidence exists to support allegations of sexual harassment and insulting modesty under relevant sections of IPC and KP Act.
Cognizance of offences under Chapter XX of IPC, such as Section 494, requires a complaint from the aggrieved party, and police reports cannot be treated as complaints for the purpose of taking cogniz....
In cases of criminal defamation, the magistrate cannot direct the police to register a crime and investigate the offense under Section 500 of the IPC, as established by the judgments of the Apex Cour....
The central legal point established in the judgment is that the initiation of a criminal proceeding requires the Magistrate to apply judicial mind to the facts mentioned in the complaint, and the fai....
Disobedience to order duly promulgated by public servant – Magistrate cannot take cognizance of offence punishable under Section 188 IPC upon police report, though offence under Section 188 IPC is co....
The main legal point established is the application of Section 195 of the Code of Criminal Procedure, which restricts the cognizance of certain offences by a court without a proper complaint.
(1) Issuance of Process – Section 204 requires sufficient ground for proceeding against the accused, which would mean the Court has to examine existence of sufficient grounds to proceed against the a....
Allegations of stalking and obscenity must meet legal thresholds of intent and evidence; mere accusations without substantiation are insufficient for prosecution.
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