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2026 Supreme(Online)(Ker) 13650

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SALIH KH – Appellant
Versus
STATION HOUSE OFFICER MELPARAMBA POLICE STATION KASARAGOD – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.MAAROOF, SMT.NAFIYA SHAHALA C.K.
For the Respondents: PUBLIC PROSECUTOR

O R D E R Dated this the 20th day of February, 2026 The accused in CC. No.2330/2025 on the file of the Judicial First Class Magistrate Court-II, Hosdurg, arising out of Crime No.120/2025 of Melparamba Police Station, filed this Criminal Revision Petition under Section 438 and 442 of the BNS S, praying for setting aside the order of the learned Magistrate, dismissing his application for discharge. The offences alleged against the revision petition are under Sections 79 and 241 of and Section 120 (o) of the Kerala Police Act .

2. The prosecution case is that on 1.11.2024, at about 1:02 a.m., the accused edited the photograph of the defacto complainant and another person, with the intention to insult the modesty of the defacto complainant and to harass her, sent the same to CW2 through his WhatsApp account and then destroyed his mobile phone and thereby he is alleged to have committed the aforesaid offences.

3. According to the learned counsel for the revision petitioner, the revision petitioner has not made any comments and only sent the photograph with a bonafide intention and as such, no offence as alleged against him, is made out. He would also argue that the mobile phone allegedl

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