ANEESH BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under S.482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') with a prayer to invoke the extraordinary inherent powers and to quash the pending criminal proceedings.

(2.) The petitioner is the 2nd accused in C.C.No.881 of 2016 on the file of the Judicial Magistrate of 1st Class-IX, Ernakulam involving offences punishable Section 66A of the Information Technology Act and under Section 384 read with Section 34 of the IPC. The 1st accused in the aforesaid case is the father of the petitioner herein who is now no more.

(3.) The father of the petitioner was a pastor and he was the Editor-in-Charge and publisher of a magazine by name 'The Defender'. The 2nd respondent is also a pastor. Prosecution allegation is that the petitioner along with his father threatened the 2nd respondent and demanded a sum of Rs 10 Lakhs for not publishing a news item. Raising these allegations a complaint was filed based on which the the crime was registered.