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2026 Supreme(Online)(Ker) 16921

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
RAJASEKHARAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.R.VENKATESH, SRI.G.KEERTHIVAS
For the Respondents: SR. PP. ADV. SMT. BINDU.O.V

Table of Content
1. quashing of charges necessitates substantial evidence. (Para 1 , 2 , 3 , 5)

ORDER

Dated this the 3rd day of March, 2026 The sole accused in Crime No.353/2021 of Kottayi police station, filed this Crl.M.C. under Section 482 of Cr.P.C., praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Sections 67B (b) of IT Act and 15(1) of Protection of Children from Sexual Offences Act .

2. The prosecution case is that during the period from 6.45 a.m.

on 26.09.2021 till 8.15 a.m. on the said date the accused was found downloading child porn videos for the purpose of distribution and thereby he is alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, it is a false case foisted against the petitioner and also that as per Annexure 3 forensic report, no such videos were found in the mobile phone of the petitioner. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The petition was opposed by the learned Public Prosecutor.

5. In Annexure 3 FSL report, it is specifically noted that after examination it was seen that the mobile phone recovered

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