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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V.M.
Binoy Balakrishnan S/O. Balakrishnan – Appellant
Versus
State Of Kerala (Sub Inspector Of Police, Kottayam West Police Station) – Respondent
| Table of Content |
|---|
| 1. overview of the fir and case initiation. (Para 1 , 2 , 5) |
| 2. examination of arguments regarding whatsapp group messages. (Para 3 , 4 , 6 , 11) |
| 3. clarification of legal principles under sections 294(b) and 509. (Para 7 , 8 , 10 , 12) |
| 4. conclusion regarding adequacy of charge and fir. (Para 9 , 13) |
ORDER :
SYAM KUMAR V.M., J.
1. This Crl.M.C. is filed seeking to quash Annexures A1 (FIR), A3 (Final Report) and all further proceedings in C.C.No.767 of 2019 on the file of the Court of the Judicial First Class Magistrate Court - III, Kottayam.
2. Petitioner is the sole accused in C.C.No.767 of 2019, which arose from Crime No.306 of 2019 registered by the Kottayam West Police Station, alleging commission of the offences punishable under Section 294 (b) and 509 of the Indian Penal Code.
3. The prosecution case, in short, is that the petitioner had on 08.02.2019 between 9.35 P.M. and 9.36 P.M. posted an obscene message explicitly naming the de facto complainant, in an official WhatsApp group of the Company in which the de facto complainant was a former employee, thereby committing the offences alleged.
4. Heard Sri.Naveen Thomas, Advocate for the petitioner and Smt.Maya M.N., le
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