Kerala HC Orders Interim Stay On Proceedings In FIR Against Actor Shwetha Menon
Kerala High Court on Thursday stayed the proceedings in connection with the FIR lodged against Malayalam film actor Shwetha Menon for allegedly publishing or transmitting obscene scenes of some of her past movies and advertisements.
The interim order was passed by Justice V G Arun on a plea moved by the actor to quash the FIR against her.
The High Court said there was prima facie substance in the contention of the actor's counsel that before referring the complaint for investigation, the requirements of calling for a report from the police and of making an enquiry ought to have been complied with.
'Considering the short duration within which the complaint was filed and forwarded to the police, it appears that no such procedure was followed. Registry shall call for a report from the court of the Chief Judicial Magistrate, Ernakulam regarding the procedure followed before forwarding the complaint to the police for investigation".
'There shall be an interim stay of further proceedings in crime number 1075/2025 (the FIR) of Ernakulam central police station," the High Court said.
It also issued notice to the state and the complainant on whose complaint the magisterial court had ordered lodging of the FIR.
An FIR under section 67 (publishing or transmitting obscene material in electronic form) of the Information Technology (IT) Act and provisions of the Immoral Traffic (Prevention) Act was lodged against the actor.
Menon, known for films like 'Salt N' Pepper', 'Rathinirvedam' and 'Kalimannu', is in the fray for the president's post in the Association of Malayalam Movie Artistes (AMMA).
The election to the executive committee is scheduled for August 15.
In her plea seeking quashing of the FIR, the actor has claimed that the allegations are 'mala fide" in nature and the offences she has been booked for are not made out.
The complainant, Martin Menachery, has alleged that Menon appeared in a condom advertisement containing her obscene visuals with the intention of securing monetary gain.
Rejecting the allegations, the actor has contended that the films referred to in the complaint were duly censored and certified and have been available in the public domain for several years now.
She also said that the character portrayed by her in the movie 'Paleri Manikyam' bagged her a Kerala State Award for best actress.
Even the advertisement, in which she appeared years ago, was duly censored and certified, the plea said.
'The allegation of the petitioner (Menon) being privy to running porn sites is absurd and per se defamatory. It is submitted that such allegations are raised in a callous and irresponsible manner without any supporting material," it contended.
The actor also said that the complaint was filed in the wake of her filing nomination for the post of AMMA president.
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