ANSON I.J. Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure, to quash Annexure A2 Final Report and all further proceedings against the petitioners in C.C.No.475/2021 on the files of the Judicial First Class Magistrate Court, Kakkanad. The petitioners herein are accused Nos.1 to 3 in the above case.

(2.) Heard the learned counsel for the petitioners as well as the learned Public Prosecutor in detail. Perused the relevant documents, including the decisions of this Court in Sibi v. State of Kerala reported in 2021 (1) KLT 749 and xxxx V. State of Kerala reported in 2024 KHC Online 584 placed by the learned counsel for the petitioners.

(3.) The prosecution case is that the accused herein committed offence punishable under Sec. 509 of IPC and the specific allegation is that the accused persons, with intention to insult the modesty of the complainant, made defamatory remarks in and out the premises of the flat building, where the accused and the defacto complainant have been residing, stating that the defacto complainant is a prostitute. Recording the statement of the victim, crime was registered and investigated. Thereafter, final report filed, alleging commission of offence punishable under Sec. 509 r/w 34 of IPC, for which cognizance also was taken by the Magistrate.