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2026 Supreme(Online)(Ker) 26716

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


Advocates:
For the Appellants/Petitioners: SHRI.MANUMON A.,SHRI.REBIN VINCENT GRALAN,SHRI.SURESH C.,SHRI.SANTHOSH.T.P,SMT.ROSNA M. JOY,SMT.GAYATHRI E.S.,SHRI.AVIN KRISHNA M.P.,SMT.ATHIRA SURESH,SHRI.JOHN CHRISTO T.P.,SHRI.AKSHAY KUMAR C.S.,SMT.LINIYA LOVESON,SMT.ANJALI N.S.
For the Respondents: SR. PP. SMT. BINDU.O.V

Table of Content
1. fir for obscene act and words, later limited to non-obscene abuse. (Para 1 , 2 , 5)
2. petitioner's plea for quashing opposed by prosecutor. (Para 3 , 4)
3. alleged words not obscene, no section 294(b) offence. (Para 6)

ORDER

Dated this the 06th day of April, 2026 The accused in C.C.No.35/2023 pending before the Grama Nyayalaya, Pazhayannur, Thrissur arising out of Crime No.558/2023 of Chelakkara police station, filed this Crl.M.C. under Section 528 of BNSS , praying for quashing all further proceedings against him. The offence alleged against the petitioner is under Section 294 (b) of IPC .

2. The prosecution case is that on 06.08.2023 at about 11.00 a.m. at the ASLP School Chelakode while a convention of a political party was going on, the accused allegedly abused the defacto complainant using filthy words.

3. According to the learned counsel for the petitioner, even if the entire allegations leveled against the petitioner are believed as such, the same will not constitute the offence punishable under Section 294 (b) of IPC . Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The petition was strongly opposed by the learned Publi

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