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A. BADHARUDEEN
Devanand – Appellant
Versus
Sub Inspector Of Police, Thalassery Police Station – Respondent
ORDER :
A. Badharudeen, J.
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioner/accused in C.C. No.289/2023 on the files of the Judicial First Class Magistrate Court, Thalassery, seeking the following reliefs:
ii. Grant any other reliefs which this Hon’ble court may deem fit and necessary and in the interest of justice.
2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor, in detail. Perused the relevant materials available. Though, notice served upon the 3rd respondent/defacto complainant, through the Station House Officer as submitted by the learned Public Prosecutor, she did not appear.
3. In this matter, precisely the prosecution allegation is that, at about 22.50 hours on 10.01.2023, the petitioner, who is a Pediatrician by profession, when attended the child of the defacto complainant, approached him, with complaints of fever consequent to vaccination, t
The court established that mere hesitation to treat does not constitute an offense under Section 354 IPC without intent to outrage modesty.
The court held that the allegations of assault and outraging modesty were sufficient to proceed with a trial under Sections 323 and 354 IPC.
The court ruled that prima facie allegations of sexual harassment were established, thus quashment of proceedings was not permissible.
The High Court cannot quash criminal proceedings based on merits; such determinations must be made by the trial court after evaluating evidence.
The court established that mere touching does not constitute criminal force under IPC Section 354, and an FIR can be quashed if found to be motivated by personal vendetta rather than legal merit.
Charges under Section 354 IPC cannot be sustained without evidence demonstrating intent to outrage modesty; however, a charge under Section 352 IPC was upheld based on allegations of using criminal f....
The court quashed charges of voyeurism under Section 354C due to lack of privacy but allowed prosecution for insulting modesty under Section 509 of the IPC.
The central legal point established in the judgment is the necessity to prove the accused's specific intention to outrage the modesty of the victim and the lack of sexual intent in the accused's acti....
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