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2024 Supreme(Online)(KER) 43086

HIGH COURT OF KERALA
A. BADHARUDEEN, J
ANSON I.J., RAHUL GEORGE, DYVIN KURUVILLA ELDHOSE – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: JOHN SEBASTIAN, RALPH V VISHNU CHANDRAN, RALPH RETI JOHN, GIRIDHAR KRISHNA KUMAR, APPU BABU, VISHNUMAYA M.B., GEETHU T.A., APOORVA RAMKUMAR
For the Respondents: P.V. SARITHA, VENUGOPAL, BASIL MATHEW, SRI. RENJIT GEORGE, SR. PUBLIC PROSECUTOR

Table of Content
1. context of charge under ipc. (Para 2 , 3)
2. defense arguments regarding defamatory remarks. (Para 4 , 5)
3. analysis of intent under ipc. (Para 6 , 7)
4. requirements for establishing offences under ipc. (Para 8 , 9 , 10)
5. final ruling and implications for proceedings. (Para 11)

ORDER

Dated this the 30th day of September, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, to quash Annexure A2 Final Report and all further proceedings against the petitioners in C.C.No.475/2021 on the files of the Judicial First Class Magistrate Court, Kakkanad. The petitioners herein are accused Nos.1 to 3 in the above case.

2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor in detail. Perused the relevant documents, including the decisions of this Court in Sibi v. State of Kerala reported in2021 (1) KLT 749 andxxxx V. State of Kerala reported in2024 KHC Online 584 placed by the learned counsel for the petitioners.

3. The prosecution case is that the accused herein committed offence punishable under Section 509 of IPC and the specific allegation is that the accused persons, with intention

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