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2022 Supreme(Ker) 92

KAUSER EDAPPAGATH
Rudrasenan, S/o Damodaran – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : RAJESH SIVARAMANKUTTY
For the Respondent: SRI.SANGEETHA RAJ, adv

ORDER :

This Crl.M.C has been filed to quash the entire proceedings in CC No.167/2018 on the file of the Judicial First Class Magistrate Court-II, Cherthala (for short, 'the Court below') on the ground of limitation.

2. A crime was registered by the Aroor Police Station, Alappuzha District against the petitioner under Sections 341, 323 and 354 of IPC. Annexure B is the FIR. The allegations in Annexure B were that, on 10/3/2016 at 10.15 a.m., at Panchayat road in front of the house of the de facto complainant, the petitioner wrongfully restrained the de facto complainant, pulled down the thermal box containing fish which he was carrying on his head and when he fell down, the petitioner dragged him through the ground causing injuries on various parts of his body. It was further alleged that when the wife of the de facto complainant intervened, the petitioner caught hold of her nightie with intention to outrage her modesty.

3. On investigation it was found that no offence under Section 354 of IPC was involved. Accordingly, a report was submitted by the Investigating Officer on 16/8/2016 at the Court reporting the deletion of Section 354 of IPC. Annexure C is the report. Thereafter, on co

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