Ulterior Motive Alleged in Obscenity Complaint Against Malayalam Actress

Ulterior Motive Alleged in Obscenity Complaint Against Malayalam Actress.webp

Thiruvananthapuram, March 11 – In a significant relief for Malayalam actress Shwetha Menon, the Kerala High Court on Wednesday quashed all criminal proceedings initiated against her over allegations that she appeared in films and advertisements containing obscene and vulgar visuals.

Justice C.S. Dias allowed Menon’s plea seeking to quash the First Information Report (FIR) and the private complaint filed against her, observing that the allegations, even if accepted at face value, did not constitute any of the offenses cited in the case.

The FIR had been registered by the Ernakulam City Police in August 2025 following an order from the Ernakulam Chief Judicial Magistrate Court based on a complaint filed by Martin Menanchery, who alleged that the actress appeared in several films and advertisements with obscene content available online, purportedly for monetary gain.

Based on the complaint, police had invoked Section 67A of the Information Technology Act and Sections 3 and 5 of the Immoral Traffic (Prevention) Act, 1956, which deal with publishing sexually explicit material and offenses related to prostitution.

However, the High Court held that the allegations did not satisfy the requirements under these provisions.

It noted that the complaint did not claim that Menon had operated a brothel, procured any person for prostitution, or engaged in activities that would attract provisions of the Immoral Traffic (Prevention) Act.

Similarly, the court observed that Section 67A of the IT Act would apply only if a person publishes or transmits sexually explicit material online.

In the present case, the complainant merely claimed that Menon appeared in certain visuals circulating on websites, without any allegation that she had uploaded or transmitted such content.

The court also took note of the actor’s argument that the films cited in the complaint were legally released and certified by the Central Board of Film Certification.

Significantly, Justice Dias remarked that the complaint appeared to have been filed with an ulterior motive to tarnish Menon’s reputation.

Her counsel had argued that the complaint surfaced shortly before elections to the Association of Malayalam Movie Artists, where Menon later contested and was elected President.

Concluding that the case was a clear misuse of the legal process, the Court exercised its inherent powers to quash the complaint, FIR, and all further proceedings against the actor.
 
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association of malayalam movie artists criminal proceedings film certification first information report (fir) immoral traffic (prevention) act kerala high court martin menanchery obscene visuals private complaint section 67a of the information technology act shwetha menon
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