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2024 Supreme(Ker) 99

SOPHY THOMAS
Noel Joseph, S/o. Joseph – Appellant
Versus
State of Kerala, Represented by Public Prosecutor, High Court of Kerala, Ernakulam – Respondent


Advocates Appeared:
For the Petitioner: Sebastian Joseph (Kurisummoottil).
For the Respondent: SR. Public Prosecutor Sri. Vipin Narayan.

ORDER :

The 3rd accused in SC No.201 of 2023 on the file of Additional District and Sessions Court (for the trial of cases relating to Atrocities and Sexual violence against women and children), Ernakulam (hereinafter referred as Additional District Court, Ernakulam), has filed this Crl.M.C., invoking inherent jurisdiction of this Court under Section 482 of Cr.P.C., to quash Annexure-A1 final report in Crime No.1292 of 2011 of Vizhinjam Police Station, registered under Section 376 read with Section 34 of IPC, and the proceedings in SC No.201 of 2023, and also for a declaration that the Additional District Court has no jurisdiction to try that case.

2. The prosecution allegation is that, on 13.12.2011 at 8.15 a.m., CW2 the victim girl, left her house at Thiruvananthapuram and proceeded to Ernakulam, and while travelling in the bus, she got acquainted with the 1st accused, and under his instigation, she alighted at Palluruthy along with him, and from there, she was taken to various places at Ernakulam by the 1st accused and his friends (A2 to A4), and they sexually assaulted her and committed rape on her. Thereafter, she was abandoned at Ernakulam Railway Station.

3. The father of the v

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