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2021 Supreme(Online)(KER) 900

K.HARIPAL, J
SYAMKUMAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: R.PADMAKUMAR, SRI.NISHIL.P.S.
For the Respondents: SMT. REKHA S

Table of Content
1. quashing proceedings based on inadequate allegations. (Para 1 , 2)
2. legal standards for quashing fir established. (Para 3 , 4)

O R D E R

This is a petition filed under Section 482 of the Criminal Procedure Code seeking to quash the entire proceedings in crime 401/2020 of Kunnikode police station, Kollam Rural, which was registered on 22.03.2020 alleging offence under Section 118 (a) of the Kerala Police Act , hereinafter referred to as the Act. It is a crime registered suo motu by the Grade Sub Inspector Ramesh Kumar alleging that the petitioner had, on 21.3.2020 after 20:50 hours, made a Facebook post in his personal account stating that there is a medicinal preparation for defending the corona virus and thus he made false rumours through social media and made attempts to derail the functioning of the health service and thus committed offence under (a) of the Act. Thereafter the Investigating Officer sent a report to the court deleting (a) but adding Sections 118 (b) and 120(o) of the Act. The petitioner has approached this Court for quashing the proceedings contending that the offence under (b) and 120(o) of the Act will not be attracted, that he had never

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