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2024 Supreme(Ker) 697

A. BADHARUDEEN
K. S. Sivarajan – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A.N. Rajan Babu, Sri.P.Gopalakrishnan (Mva)
For the Respondent: K. Shaj, Sri Renjit George, Adv., Senior Public Prosecutor

ORDER :

BADHARUDEEN, J.

This Criminal Miscellaneous Case has been filed by the sole accused in Crime No.768/2019 of Karunagappally Police Station, under Section 482 of the Code of Criminal Procedure, seeking the following reliefs:

    “i) Call for the records leading to Annexure A1 Final Report,

ii) Quash Annexure A1 Final Report in Crime No.768/2019 of Karunagappally Police Station filed before Judicial First Class Magistrate Court, Karunagappally,

iii) Stay all further proceedings in Annexure A1 Final Report in Crime No.768/2019 of Karunagappally Police Station.

iv) Grant such other reliefs which deem fit and proper in the nature and circumstances of the case.”

2. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor, in detail.

3. I have perused the records.

4. In a nut shell, the prosecution allegation is that, on 31.01.2019, while the defacto complainant was staying at the house of the accused, at night and when she hardly slept after taking a tablet for fever, during mid night, the accused herein reached her bed room and subjected her to sexual intercourse. Accordingly, the prosecution alleges offences punishable u

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