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2024 Supreme(Ker) 508

A. BADHARUDEEN
Bipin Sabu @ Abi, S/o. Sabu Markose – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : C.S.MANILAL, S.NIDHEESH
For the Respondent: SRI.M.P.PRASANTH

ORDER :

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, to quash Annexure-1 Common Order, dated 18.3.2022 in Crl.M.P.Nos.58/2022, 59/2022 and 60/2022 in S.C.No.24/2019 on the files of the Special Court for Trial of Offences under the Protection of Children from Sexual Offences Act, 2012 (for short, 'the PoCSO Act' hereinafter), Changanassery.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. The learned counsel for the petitioner submitted that, Crl.M.P.Nos.58/2022, 59/2022 and 60/2022 in S.C.No.24/2019, were filed by the prosecution before the Special Court for Trial of Offences under the PoCSO Act, Changanassery, to re-open the evidence to examine the Chairperson, Child Welfare Committee (CWC) and it's member, as witnesses to admit a letter, alleged to be given by CWC, directing the Investigating Officer for registration of the present crime. Though the applications were opposed by the learned counsel for the accused, the learned Special Judge, after relying on a decision of the Hon'ble Supreme Court, allowed all three petitions. According to the learned counsel for the petitioner, going by the

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