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2024 Supreme(Ker) 716

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


Advocates:
Advocate Appeared:
For the Petitioner: P.L. Mary Treasa
For the Respondent: M.P. Prasanth.

ORDER :

1. This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to Annexure.A2 FIR and Annexure.A3 Final Report in Crime No. 311 of 2021 of Chengamanad Police Station, Ernakulam, now pending as S.C. No. 837 of 2021 on the files of the Fast Track Special Court, Perumbavoor. The petitioners herein are the accused in the above case.

2. Heard the learned counsel for the petitioners, the learned Public Prosecutor and the learned counsel appearing for the defacto complainant, in detail. Perused the relevant materials available.

3. In this matter, the prosecution case is that, at about 10.30 am on 21.02.2021, the 1st accused herein kidnapped the victim aged 17 years from the lawful custody of her guardians/parents and subjected her to sexual intercourse, after detaining her under his illegal custody and as a result of the sexual assault at the instance of the 1st accused, the minor victim became pregnant. The prosecution allegation against the 2nd accused is that, the 2nd accused, who is the mother of the victim failed to inform the matter to the Police. On this premise, the prosecution alleges co

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