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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
ARUN.G.NAIR – Appellant
Versus
THE STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. allegations of defamation based on facebook posts. (Para 1 , 2 , 3) |
| 2. arguments against prosecution for lack of illegal act. (Para 6 , 7 , 10) |
| 3. importance of protecting freedom of speech. (Para 11 , 18) |
| 4. court clarifies legal standards for defamation. (Para 13 , 14) |
| 5. prosecution deemed abusive and unsustainable. (Para 16 , 17) |
ORDER
Accused in C.C No.564 of 2019 on the file of the Judicial First Class Magistrate’s Court, Ettumannoor has filed this Crl.MC, praying to quash the final report in Crime No.382 of 2019 of Gandhinagar Police Station and the proceedings in C.C.No.564 of 2019.
2. Offences alleged against the petitioner in the final report are under Sections 153 of IPC and 120(o) of the Kerala Police Act . The case was registered on 28 .02.2019 on the basis of a petition submitted to the District Police Chief, Kottayam by the President and Secretary of the Block Committee of a youth’s organization, DYFI. The Petition dated 17.1.2019 is produced as Annexure - I. Grievance voiced in the petition is that the petitioner who was an employee of the Travancore Devaswom Board, working in Vasudevapuram Temple, Kudamaloor had been indulging in repeatedly making he
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