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2024 Supreme(Ker) 632

A. BADHARUDEEN
Shyju – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Latheesh Sebastian
For the Respondent: Sri. Renjit George, Sr.Public Prosecutor

ORDER :

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, by the petitioner, who is the 2nd accused in Crime No.222/2022 of Valiyamala Police Station, Thiruvananthapuram and the prayer herein is as under:

    To call for the records relating to C.C.No.242/2022 of JFMC-I, Nedumangad arising from Crime No.222/2022 of Valiyamala Police Station, Thiruvananthapuram District and quash the same against the petitioner/2nd accused, in the interest of justice.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have perused the relevant documents.

3. In this matter, prosecution alleges commission of offences punishable under Sections 109 and 317 r/w Section 34 of the Indian Penal Code and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, ‘the JJ Act’ hereinafter), by accused Nos.1 and 2.

4. The prosecution allegation is that, the 1st accused in this crime is the mother of two minor children, aged 12 and 11. The 1st accused was residing along with her parents and children. The husband of the 1st accused (the additional 3rd respondent herein) has been working in Abudhabi and whe

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