DIVYA RAMESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the first accused in the case registered as Crime No.1634/2014 of the Kalamassery police station under Section 118(d) of the Kerala Police Act, 2011. The petitioner seeks to quash the proceedings initiated against her on the basis of Annexure - A2 first information report, by invoking the power of this Court under Section 482 of the Code of Criminal Procedure, 1973.

(2.) The case against the petitioner and the other accused was registered on the basis of a written complaint (Annexure - A1) made by the fourth respondent before the Inspector General of Police (Cyber Cell), Ernakulam. The averment/allegation against the petitioner in the complaint is that she published and spread false and defamatory statements and also some photographs through the 'facebook' account registered in her name through an online portal named www.truelies.com. It is alleged in the complaint that the other accused aided and abetted the act of the petitioner and that the accused have committed the offences punishable under Sections 66A, 67, 67A and 667B of the Information Technology Act, 2000 and Section 499 of the Indian Penal Code.

(3.) On the basis of the complaint, Crime No.1634/2014 of the Kalamassery police station was registered against the petitioner and the other accused only for the offence punishable under Section 118(d) of the Kerala Police Act, 2011. The petitioner has stated that, subsequently, the Investigating Officer has added Section 66A of the Information Technology Act, 2000 also.