IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.G. AJITHKUMAR, J
J.G.PALACKALODI – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash criminal proceedings. (Para 1 , 2 , 3) |
| 2. discussion of the allegations and defense arguments. (Para 4 , 5) |
| 3. court's analysis of relevant sections and established principles. (Para 7 , 8 , 9) |
| 4. final ruling quashing the proceedings. (Para 10) |
O R D E R
The accused in C.C. No.594 of 2019 pending before the Judicial Magistrate of the First Class – I, Kottayam is the petitioner. He seeks to quash Annexure - II final report and all further proceedings in C.C.No.594 of 2019. The offences alleged against the petitioner in the said case are punishable under Section 153 of the Indian Penal Code , 1860 and 120(o) of the Kerala Police Act , 2011.
2. Annexure-I is the FIR in Crime No.1201 of 2019 of Kottayam East Police Station. That crime was registered on the basis of a complaint by the 2nd respondent. The allegation was that the petitioner shared a Facebook posting which depicts a rendered nude picture and a comment which have the effect of ridiculing the Prime Minister of India and thereby to cause provocation which may result in rioting. The Sub Inspector of Police, Kottayam East Police Station after investigation made Annexure-II final report
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