DIPIN VIDYADHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C. has been filed under Sec. 482 of Cr.P.C to quash Annexure A1 final report and all further proceedings in C.C.No.281 of 2019 on the files of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram (for short, 'the trial court').

(2.) The petitioners are accused Nos. 2 and 3. They face indictment for the offences under Ss. 120(o) of the Kerala Police Act, 2011 (for short, 'KP Act') and Sec. 43 r/w 66 of the Information Technology Act, 2000 (for short, 'the IT Act') on the allegation that they posted a message in a WhatsApp group defaming and insulting the Chief Minister and other Ministers of Kerala.

(3.) The 1st accused, the petitioners and the 2nd respondent are the members of an education society named SAT Health Education Society (SATHHESH) in Medical College Hospital, Thiruvananthapuram. The members of SATHHESH have formed a WhatsApp group, namely "SATHHES PLANET". The 1st accused is the administrator; the petitioners and the 2nd respondent are the members of the said WhatsApp group.