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2024 Supreme(Ker) 799

A. BADHARUDEEN
Sayyid Imbichi Koya Thangal @ Bayar Thangal, S/o. Sayyid Kunjikoya Thangal – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala – Respondent


Advocates Appeared:
For the Petitioner: Rameez Nooh, Ronit Zachariah, Badir Sadique, Fathima K., P. Rafthas, K.N. Muhammed Thanveer.
For the Respondents: K.M. Sathyanatha Menon K.M., S. Sri. M.P. Prasanth, Public Prosecutor.

ORDER :

(A. Badharudeen, J.) :

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure with the following prayer :

    “Call for the records pertaining to Annexure A5 complaint on the files of the Judicial First Class Magistrate Court-I, Tirur and Annexure A6 order dated 06.12.2021 in CMP No.3445/2021 taking cognizance, now pending as C.C.No.1402/2021 on the files of the Hon’ble Judicial First Class Magistrate Court-I, Tirur and quash the same with all its consequential proceedings for the ends of justice.”

2. Heard the learned counsel for the petitioner, the learned counsel for the complainant/2nd respondent and the learned Public Prosecutor in detail. Perused the relevant documents.

3. Coming to the genesis of the prosecution case, crime No.144/2021 of Kadampuzha Police Station was registered on 11.06.2021, on the allegation that the accused/petitioner herein committed offences punishable under Sections 377 and 498A of IPC. Annexure A1 is the copy of FIR. Annexure A1 was investigated and thereby Annexure A2 report filed, stating that the case was false. Aggrieved by Annexure A2 final report, the complainant lodged Annexure A5 protest complaint

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