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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath,J
Dipin Vidyadharan, S/O.Vidyadharan – Appellant
Versus
State Of Kerala – Respondent
ORDER :
KAUSER EDAPPAGATH, J.
This Crl.M.C. has been filed under Section 482 of Cr.P.C to quash Annexure A1 final report and all further proceedings in C.C.No.281 of 2019 on the files of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram (for short, 'the trial court').
2. The petitioners are accused Nos. 2 and 3. They face indictment for the offences under Sections 120 (o) of the KERALA POLICE ACT , 2011 (for short, 'KP Act') and Section 43 r/w 66 of the Information Technology Act , 2000 (for short, 'the IT Act') on the allegation that they posted a message in a WhatsApp group defaming and insulting the Chief Minister and other Ministers of Kerala.
3. The 1st accused, the petitioners and the 2nd respondent are the members of an education society named SAT Health Education Society (SATHHESH) in Medical College Hospital, Thiruvananthapuram. The members of SATHHESH have formed a WhatsApp group, namely “SATHHES PLANET”. The 1st accused is the administrator; the petitioners and the 2nd respondent are the members of the said WhatsApp group.
4. The Medical College Police registered a crime against the 1st accused and the petitioners alleging offence punishable under Section 1
Allegations of defamation and nuisance must meet specific criteria under relevant statutes; absence of such specifications permits quashing of criminal charges.
The Inspector of Police has jurisdiction to file a report under the Information Technology Act, and the determination of obscenity is reserved for the Trial Court.
The court ruled that the accused's message did not constitute obscenity under the I.T. Act, thus quashing the charge-sheet and dismissing the case as an abuse of process.
The court ruled that allegations under Section 500 IPC are not maintainable without a private complaint, and no wrongful restraint or criminal intimidation was established against the petitioner.
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