SMITHA Vs. STATE OF KERALA

JUDGEMENT

(1.) These petitions are filed under Section 482 of the Code of Criminal Procedure ('the Code" for brevity) with a prayer to quash the entire proceedings which originated on the strength of Crime No. 870 of 2008 registered at the East Police Kollam under Section 6 of the Indecent Representation of Women (Prohibition) Act, 1986.

(2.) On 9.8.2008, the police officers attached to the Kollam East Police Station headed by the Circle Inspector were engaged in search operations at the Transport Bus stand, Kollam. The petitioners herein, who were standing together, were asked to hand over their bags. A video camera and a digital camera were found inside. On inspection, it was found to contain certain explicit pictures and videos of the 2nd accused. They were arrested and the cameras were taken into custody. The crime was consequently registered and after investigation, final report was laid before the Judicial Magistrate. The case was taken cognizance of as C.C. No. 1315/2008 by the Judicial Magistrate of the First Class II, Kollam. As the petitioners failed to appear before Court, the case against them was removed to the list of long pending cases and the same is pending as LP No. 334/2014.

(3.) Heard the learned counsel appearing for the petitioners and the learned Public prosecutor.