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2018 Supreme(Ker) 465

SHIRCY V.
Babu Mathew S/o. Mathew – Appellant
Versus
Limu P. K S/o. Krishnan – Respondent


Advocates Appeared:
For the Petitioner: Adv. Sri. T.G. Rajendran
For the Respondent: Adv. Sri. K. Shibili Naha, Adv. Sri. Saju Raghavan, Public Prosecutor Smt. M.K. Pushplatha

ORDER :

1. This petition under Section 482 of the Code of Criminal Procedure (herein after referred to as Cr.P.C.) has been preferred by the sole accused in C.P.No.54/2014 on the file of the Judicial 1st Class Magistrate Court-II, Thamarassery to quash the final report filed against him for having committed offences punishable under Sections 341,323,324 of the Indian Penal Code ('IPC' for short) and 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the SC/ST Prevention of Atrocities Act). The first respondent is the complainant. The second respondent is his wife (hereinafter referred to as the 'victim').

2. The facts of the case in brief, as advanced by the prosecution are that on 13.6.2014 at about 10.a.m while the defacto complainant was proceeding along with his ailing son to consult a Doctor, this petitioner/accused had wrongfully restrained him due to his enmity towards him as a result of the property dispute pending between them and assaulted him. When his wife rushed to the spot and tried to intervene to save him, the petitioner caught hold of her hair and torn off her dress with the intention to outrage her modesty. The peti
































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