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2025 Supreme(Online)(Ker) 57589

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SHABEER – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 3796 OF 2022



Advocates:
For the Appellants/Petitioners: SRI.NIREESH MATHEW
For the Respondents: SMT.T.B.REMANI, PP-SRI.U.JAYAKRISHNAN

The absence of evidence proving identity disclosure under Section 228-A(1) IPC leads to quashing of proceedings.

Headnote:This judgment deals with a petition filed under Section 482 of Cr.PC for quashing proceedings against the petitioner, accused under Section 228-A(1) of IPC for disclosing a victim's identity in a PoCSO case. The court found no evidence substantiating the claim of identity disclosure and noted similar posts by other accused, allowing the petition. The final decision quashes all proceedings against the petitioner.

Table of Content
1. filing of petition under section 482 cr.pc for quashing (Para 1)
2. opposition to petition by public prosecutor (Para 2)
3. court's observation on identity disclosure (Para 3)

O R D E R

(Dated this the 16th day of December, 2025)

The 5th accused in Crime No. 2430 of 2020 of Kodungallur Police Station filed this petition under Section 482 of Cr.PC for quashing all further proceedings against him. The offence alleged against the petitioner is under Section 228-A (1) of IPC , on the ground that he has disclosed the identity of the victim in a PoCSO case in the social media. According to the learned Counsel for the petitioner, in the allegations levelled against the petitioner as well as from the documents produced by the police along with the final report, there is nothing to prove that, by the conduct of the petitioner, the identity of the victim in the PoCSO case was made known to others. Therefore, he prayed for quashing all further proceedings against the petitioner.

2. The petition was opposed by the learned Public Prosecutor. From the final report as well as from the screen short produced along with the final report it is revealed that the petitioner has posed only a comment to the effect that a BJP worker has sexually abused his daughter. In the said comment, the identity of the BJP worker or his daughter are not disclosed. The learned Counsel for Addl. 3rd respondent/

defacto complainant also fairly conceded that in the post of the petitioner, identity of the victim in the PoCSO case is not revealed. At the same time she submitted that in the posts of the other accused persons, the identity of the victim in the PoCSO case is revealed.

3. In the light of the above submission made by the learned Counsel for the defacto complainant as well as from the records produced along with the final report, it is revealed that, from the conduct of the petitioner, the identity of the victim in the PoCSO case was not made public and as such no useful purpose will be served in continuing the proceedings as against the petitioner.

Accordingly, this Crl.MC is allowed. All further proceedings against the petitioner in Crime No. 2430 of 2020 of Kodungallur Police Station is quashed.

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