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2024 Supreme(Online)(KER) 39423

HIGH COURT OF KERALA
P.V. KUNHIKRISHNAN, J
V.VENUGOPALAN NAIR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: C.UNNIKRISHNAN
For the Respondents: SRI.RENJITH.T.R, SR.PP

Table of Content
1. overview of the case and allegations against the petitioner. (Para 1 , 2 , 4)
2. arguments presented by the petitioner regarding the lack of offence. (Para 3 , 12)
3. court's analysis on the application of ipc sections. (Para 5 , 7 , 11 , 13)
4. clarification of obscenity and assault definitions under ipc. (Para 6 , 8 , 9 , 10)
5. conclusion quashing the proceedings against the petitioner. (Para 14)

ORDER

This Criminal Miscellaneous Case is filed to quash the proceedings in CC No.2270/2015 on the file of Judicial First Class Magistrate Court, Paravur, arising from Crime No.1297/2014 of Paravur Police Station, Kollam District. Above case is charge sheeted against the petitioner alleging offences punishable under Sections 294(b) , 353 and 509 of IPC .

2. The allegation against the petitioner is that, on 18.07.2014 at 10.10 PM, the petitioner brought his relative to the casualty department of the hospital and on seeing that the duty doctor and others were eating food in the adjacent room of the casualty, he entered into an altercation with the duty doctor and called her (Nee), by which she " നീ " lost her modesty and due to the same she could not perform her ofÏcial duty

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