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2023 Supreme(Ker) 327

K. BABU
Jithin P. , S/o. Uthaman – Appellant
Versus
State of Kerala (SHO Cherupuzha Police Station, Kannur) Represented by Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: P.P. Ramachandran.
For the Respondents: Sri N.R. Sangeetha Raj, PP, M. Shajna.

ORDER :

The petitioner is the accused in S.C.No.547 of 2021 on the file of the Sessions Court, Thalassery and S.C.No.595 of 2021 on the file of the Additional District and Sessions Court-I, Thalassery.

2. In S.C.No.595 of 2021, the petitioner faces charges under Sections 450 and 376(2)(n) of IPC, Section 4 r/w Section 3(a), Section 6 r/w Section 5(l), Section 12 r/w Sections 11(iv), 11(v) and 11(vi) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Section 67-B of the Information Technology Act, 2000 and Sections 3(1)(w)(i) & 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989 (SC/ST (POA) Act).

3. In S.C. No. 547 of 2021, he faces charges under Section 305 of IPC and Section 3(2)(v) of the SC/ST (POA) Act.

4. In Crl.M.C.No.6346 of 2022, the petitioner seeks to quash the Final Report in S.C.No.595 of 2021. The petitioner seeks to quash the Final Report in S.C.No.547 of 2021 in Crl.M.C.No.5909 of 2022. The petitioner alternatively prayed for directing the Investigating Officer concerned to take back the Final Report filed in S.C.No.547 of 2021 and to submit before the Special Court for POCSO Act cases for trying both matters t

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