SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2024 Supreme(Ker) 1059

A. BADHARUDEEN
SIDHARTH DRAVID S/O SHIBU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: R. HARIKRISHNAN, G. SUDHEER, SMRITHI S.S.
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, seeking quashment of the proceedings in S.C. No. 637/2023 on the files of the Fast Track Special Court for the trial of offences under the Protection of Children from Sexual Offences Act [hereinafter referred as ‘POCSO Act’ for short] cases, Nedumangad. The petitioner herein is the sole accused in the above case.

2. Heard the learned counsel for the petitioner, 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 alleges commission of offences punishable under Sections 354-D and 363 of IPC as well as under Section 11(iv) read with 12 of the POCSO Act.

4. While seeking quashment of the proceedings, the learned counsel for the petitioner would submit that, going by the statements of the victim viz. FIS and 161 statement, none of the above said offences made out, prima facie. Therefore, quashment of the proceedings sought for, on merits would succeed. He also would submit that, apart from meritorious interference in this matter by way of quashment

                Click Here to Read the rest of this document
                1
                2
                3
                4
                5
                6
                7
                8
                9
                10
                11
                SupremeToday Portrait Ad
                supreme today icon
                logo-black

                An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                Please visit our Training & Support
                Center or Contact Us for assistance

                qr

                Scan Me!

                India’s Legal research and Law Firm App, Download now!

                For Daily Legal Updates, Join us on :

                whatsapp-icon telegram-icon
                whatsapp-icon Back to top