RAMESH Vs. SUB INSPECTOR OF POLICE, KOZHIKODE DISTRICT

JUDGEMENT

(1.) The prayers in the above Criminal Miscellaneous Case filed under Section 482 of the Code of Criminal Procedure, 1973, are as follows:

(2.) Heard Sri.Jikku Seban George, learned counsel appearing for the petitioner (accused) and Sri.B.Jayasurya, learned Prosecutor appearing for R-1 (State) and Sri.S.R.K.Prathap, learned counsel appearing for R-2 (lady defacto complainant).

(3.) The petitioner has been arrayed as the sole accused in the instant impugned Anx.A1 Crime No.404/2015 of Thiruvambady Police Station, Kozhikode District, for offences punishable under Secs.153 & 509 of the IPC. The gist of the allegations against the petitioner in the above crime is that, on 24.10.2015 the petitioner had allegedly sent a picture/photograph through Whatsapp from his mobile number to the mobile cell number of one Sri.C.V.Sunit and the transmitted picture/photograph was the campaign poster of the 2 nd respondent lady defacto complainant in which the faces of the 2 nd respondent who was a candidate as well the national leader of a political party were disfigured. It appears that the 2nd respondent was made aware of the said photograph through her nephew who came in possession of the same. Anx.A-1 is the copy of FIR which led to the registration of Crime No.404/2015 of Thiruvambady Police Station, on 25.10.2015 in which the petitioner herein has been arrayed as the sole accused for offences punishable under Secs.153 & 506 of the IPC. The police after investigation has filed the impugned Anx.A-2 final report/charge sheet for the abovesaid offences as per Secs.153 & 509 of the IPC.