RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in C.C.No.1789/2018 on the files of the Judicial First Class Magistrate Court-II, Cherthala, has filed this petition under Sec. 482 of the Code of Criminal Procedure, 1973(in short, 'Cr.P.C.'), to quash the proceedings against him in the said case. The final report in that case was filed by the Inspector of Police, Kuthiyathod, alleging the commission of offence under Sec. 67 of the Information Technology Act, 2000, and Sec. 120(O) of the Kerala Police Act, 2010. It is stated that the petitioner posted an obscene Whatsapp message in a group consisting of 240 members with the intention to denigrate the defacto complainant, and thereby caused nuisance.

(2.) According to the petitioner, the offence under the aforesaid Ss. are not attracted even if the final report filed in the case is accepted in totality. It is further contended that the Inspector of Police, Kuthiyathod, was legally incompetent to file a final report in connection with the offences under the Information Technology Act, 2000.

(3.) Heard the learned counsel for the petitioner, the learned counsel for the third respondent and the learned Public Prosecutor representing the State of Kerala.