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2026 Supreme(Online)(Ker) 71

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V.M., J
BINOY BALAKRISHNAN – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.NAVEEN THOMAS
For the Respondents: SMT.MAYA M.N.

ORDER

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., learned Public Prosecutor for the 1st respondent. In spite of service, there was no appearance for the 2nd respondent.

5. The learned counsel for the petitioner submitted that the FIR, Final Report and all further proceedings in the CC are fit to be quashed since nooffenceunder Section 294 (b) or Section 509 of the IPC are revealed theref

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