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2024 Supreme(Online)(KER) 35125

HIGH COURT OF KERALA
A. BADHARUDEEN, J
ARJUN VIJAY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
AMJATH A.R

ORDER

This criminal miscellaneous case has been filed under Section 482 of the Code of Criminal Procedure , by the sole accused in S.C.No.821/2022 on the files of Special Court for trial of Protection of Children from Sexual Offences (`POCSO' for short) Act cases, seeking to quash the proceedings therein arising out of Crime No.963 of 2020 of Mannanthala Police Station, Thiruvananthapuram..Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail.

Perused the records.

3.The prosecution allegation as against the prohibition of reading, downloading or transmitting sex videos of children below 18 years. The accused downloaded and stored porn videos and the same were detected and crime was registered alleging offences punishable under Section 67 (B)b of the Information Technology Act (`I.T Act’ for short) and Section 15 of the POCSO Act. On investigation, final report also was filed alleging the same offences. While seeking quashment of the proceedings, the learned counsel for the petitioner argued at length to convince this Court that the materials collected by the prosecution in no way disclose commission of the offences alleged and therefore the entir

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