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2024 Supreme(Ker) 251

KAUSER EDAPPAGATH
Ashish – Appellant
Versus
Benny, S/O Varghese – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sruthy N Bhat, Adv.
For the Respondent: Sri. Pramoj Abraham, Sri. Vinuchand, Smt. Maya M.N., PP

ORDER :

This Crl.M.C has been filed to quash all further proceedings in C.C.No.153/2016 on the file of the Juvenile Justice Board, Ernakulam.

2. The petitioner herein is a Juvenile in Conflict with Law (JCL) in the above case. The offences alleged against him are punishable under Sections 323, 326 and 506(ii) read with 34 of the IPC.

3. Originally, the Kuruppampady Police registered Crime No.121/2012 against the petitioner and two others under the above Sections. The petitioner herein was shown as the accused No.2. The prosecution case in short is that the petitioner and the remaining accused on 28/1/2012 at around 7.00 p.m in pursuance of the existing civil dispute, assaulted the 1st respondent and thereby committed the above mentioned offences.

4. The police, after investigation, filed final report referring the case as false. The respondent No.1/defacto complainant filed a protest complaint before the Judicial First Class Magistrate-I, Perumbavoor. The learned Magistrate took cognizance on the protest complaint for the offences punishable under Sections 323, 326 and 506(ii) read with 34 of the IPC against all the accused including the petitioner and numbered the case as C.C.No.24/20

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