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2024 Supreme(Ker) 919

A. BADHARUDEEN
M. J. SOJAN S/O JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: THOMAS J. ANAKKALLUNKAL, LITTY PETER, NIRMAL CHERIYAN VARGHESE, ANUPA ANNA JOSE KANDOTH, DHANYA SUNNY, ANN MILKA GEORGE, JAYARAMAN S.
For the Respondents: RENJIT GEORGE, JEEVESH P.V.

ORDER :

1. This Crl. M.C. has been filed under Section 482 of the Code of Criminal Procedure (Cr.P.C. for short hereinafter) by the sole accused in S.C. No. 551/2022 on the files of the Special Court, Palakkad, under the Protection of Children from Sexual Offences Act (POCSO for short hereinafter), seeking to quash Annexure-A1 complaint, Annexure-A4 order and further proceedings thereof.

2. Heard the learned Senior Counsel for the petitioner, the learned counsel appearing for the 2nd respondent/defacto complainant. Heard the learned Public Prosecutor appearing for the 1st respondent.

3. Here a private complaint was lodged by the 2nd respondent herein before the Special Judge under the POSCO Act, Palakkad under Section 28 read with 33 of the POCSO Act, alleging that the petitioner, who is arrayed as accused in the above complaint committed an offence punishable under Section 23(1) of the POCSO Act as well as Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 1989 (SC/ST Act for short hereinafter). Shorn of embellishments, the allegations which would throw light as to commission of the above offences could be gathered from Paragraphs 8 and 9 of

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