MAHSOOMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in C.C.No.206/2018 on the files of the Judicial First Class Magistrate Court-I, Kasaragod, a case registered by the Kasaragod Police in respect of the offence under Sec. 509 Indian Penal Code, 1860, Sec. 120(O) of the Kerala Police Act, 2010, and Ss. 66(D) and 67A of the Information Technology Act,2000. In the present petition filed under Sec. 482 of the Code of Criminal Procedure, 1973(in short, 'Cr.PC.') the petitioner seeks to quash the proceedings against him in the aforesaid case.

(2.) The prosecution case is that during the period from 2014 to 6/9/2016, the petitioner used the internet connection of the cellphones belonging to her and her father to create a fake facebook account and collected details from CW6 and thereafter created another fake facebook account and made use of the above facebook accounts to criminally intimidate CW5 and also to publish the photos of CW2 with obscene comments. It is also alleged that the photos sent to CW7 by CW2 were copied and posted by the petitioner with obscene comments in another facebook account in which CW4 was the Admin.

(3.) The case has been registered by the Sub Inspector of Police, Kasaragod, as per the directions of the District Police Chief, Kasaragod, upon a complaint submitted by CW1. After the completion of the investigation, the Inspector of Police, Kasaragod, laid the final report before the Jurisdictional Magistrate, who took it to files and issued summons to the accused.