MANUEL BENNY Vs. STATE OF KERALA

JUDGEMENT

(1.) Dated this the 24th day of February, 2022 This Crl.M.C has been filed to quash Annexure A2 final report in Crime No.531/2020 of Melukavu Police Station now pending as C.C.No.257/2021 on the files of the Judicial Magistrate of the First Class, Erattupetta.

(2.) The petitioner is the accused. The crime was registered against him initially for the offences punishable under Sec. 15 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and under Sec. 67B of the Information Technology Act, 2000 (IT Act). The case was suo motu registered based on the information from the Cyber Cell, Kottayam as part of P-Hunt Raid. The allegations in the FIR was that the petitioner downloaded and kept in his mobile phone, child pornographic material for commercial purpose.

(3.) After completion of the investigation, the offence under Sec. 15 of the POCSO Act was deleted and final report was filed for the offence under Sec. 67B of the IT Act. Crl.M.C.No.4802/2021 According to the petitioner, even if the entire allegations in the FIR are taken at face value, they do not constitute the offence under Sec. 67B of the IT Act and it is in these circumstances, this Crl.M.C has been filed under Sec. 482 of Cr.P.C to quash the proceedings.