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2024 Supreme(Ker) 773

A. BADHARUDEEN
xxxxxxxxxx – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Eldho Paul, Tessy Jose.
For the Respondent: Renjit George.

ORDER :

1. This Revision petition under Section 397 r/w 401 of the Code of Criminal Procedure (for short ‘Cr.P.C.’ hereinafter), has been filed by the petitioner/sole accused in SC.No. 76/2023 pending before the Special Court for Trial of Cases Relating to Atrocities and Sexual Violence Against Women and Children Act under the Protection of Children from (`PoCSO Act’ for short), Perumbavoor, seeking the following reliefs:

    “(a) To set aside Annexure A6 order and allow A5 discharge petition filed by the petitioner.

(b) To stay all further proceedings in SC 76/2023 on the file of Fast Track Court (POCSO) Perumbavoor.

(c) To grant such other reliefs which are deem fit in the facts and circumstances of the case.”

2. Annexure A6 order is passed in Annexure A5 discharge petition, whereby the learned Special Judge dismissed the plea of discharge raised by the petitioner.

3. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor in detail.

4. The learned counsel for the revision petitioner argued at length to convince that, in this matter dismissal of the discharge petition by the Special Court as per Annexure A6 order is illegal, since the plea of discharge sought

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