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2023 Supreme(Ker) 609

A. BADHARUDEEN
Sumesh S/o Sukumaran – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: C.K. Suresh, Mansoor B.H.
For the Respondents: P. Anto Thomas, Babu Cherukara, Jeemon John, Sanal P. Raj.

ORDER :

1. This petition has been filed under Section 482 of the Code of Criminal Procedure to quash Annexure-A charge sheet filed in Crime No. 1921/2011 of Perumbavoor Police Station which has been pending as C.C. No. 959/2013 before the Judicial First Class Magistrate Court, Perumbavoor.

2. The petitioner is the sole accused in the above crime. Respondents are State of Kerala as well as the defacto complainant.

3. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor in detail.

4. The learned counsel for the petitioner would submit that in this case, when the 2nd respondent/defacto complainant lodged a complaint before the Magistrate Court alleging commission of offences punishable under Sections 376 and 493 of IPC, the same was forwarded to Perumbavoor Police by the Magistrate for investigation. During investigation, the Investigating Officer found that the offence punishable under Section 493 of IPC alone was made out while reporting that there are no materials to hold that the accused/petitioner committed the offence punishable under Section 376 of IPC. The point argued by the learned counsel for the petitioner is that as per the charge sheet now fi

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