IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
SONAM GERRY – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. judicial assessment of allegations is crucial. (Para 1 , 4 , 5) |
| 2. cognizable offenses require police investigation. (Para 2 , 3 , 6) |
| 3. the need for effective police investigation. (Para 7 , 8) |
ORDER
Annexure A6 order of the Additional Chief Judicial Magistrate (Economic Offences) Court, Ernakulam, is under challenge in this Crl.M.C filed under Section 528 of BNS .
2. The petitioner had filed MC No.21/24 before the learned Magistrate seeking various reliefs under Section 12 of the Protection of Women from Domestic Violence Act, 2005 . In the aforesaid complaint, the learned Magistrate had issued a protection order restraining the respondents 3 and 4 from committing any act of domestic violence against the petitioner. While so, respondents 3 and 4 allegedly violated the above protection order and posted defamatory and insulting statements through social media, making use of the youtube channel run by them. The petitioner preferred a complaint before the SHO, Ernakulam Town South Police, against the aforesaid act of the respondents 3 and 4. It was alleged that the above act of the respondents constituted offences under Section 67 of the IT Act, Section 120 (o) of Ke
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