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2021 Supreme(Online)(KER) 34873

HIGH COURT OF KERALA
BIJO K.P – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

This is an application filed under Section 482 of the Code of Criminal Procedure seeking to quash Annexure 3 final report in Crime No. 1050/2020 of Kunnathunadu police station. Now the charge sheet has been laid against the petitioner before the Judicial First Class Magistrate Court, Kolenchery alleging offence under Section 67 of the Information Technology Act, hereinafter referred to as the I.T. Act, where the case is pending as C.C. No. 111/2021.

2. I heard the learned counsel for the petitioner.

According to the petitioner, he is the sole accused in the said case. The allegation against him is that on 27.09.2020, at about 7.45 P.M., he had posted a porn video of a naked woman from his Mobile Number 9744408544 to the WhatsApp group, SKB Mazhuvanoor, which was formed by an organisation namely Save Kerala Brigade, knowing the fact that transmitting such lascivious, vulgar photos through electronic media would arose lust in the minds of the people. The crime was registered on the basis of Annexure 1 e-mail complaint sent by the second respondent; after seizing the mobile phone under Annexure 2 seizure mahazar, Annexure 3 final report has been laid. According to him, it is clear

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