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2025 Supreme(Online)(KER) 9469

HIGH COURT OF KERALA
C. JAYACHANDRAN, J
SATHEESHKUMAR RAJAGOPAL PAI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
M.REVIKRISHNAN, ANIL KUMAR D.

ORDER :

(C. JAYACHANDRAN, J.)

Petitioner herein is the sole accused in Crime No.1058 of 2021 of Kuthiyathode Police Station, Alappuzha, now pending as C.C. No.108/2022 before the Judicial First Class Magistrate Court-I, Cherthala. The offence alleged are under Sections 294 (b) and 509 of the Indian Penal Code . The petitioner seeks quashment of the crime, as also, all further proceedings therefrom, on the premise that neither the allegations in the First Information Statement, nor the contents of the Final Report, would constitute the offences afore referred.

2. Heard the learned counsel for the petitioner; the learned counsel for the 2nd respondent/defacto complainant and the learned Public Prosecutor on behalf of the 1st respondent State.

3. Learned counsel for the petitioner would invite the attention of this Court to the 2nd page of the First Information Statement to point out that, no specific word is referred to therein to ascertain whether the same is an obscene word, so as to attract the offence under Section 294 (b) of the Indian Penal Code . Both with respect to the words and with respect to the gesture alleged to have been shown by the petitioner/accused, there is no speci

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