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2024 Supreme(Ker) 1115

A. BADHARUDEEN
... – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: P. MARTIN JOSE, P. PRIJITH, THOMAS P. KURUVILLA, R. GITHESH, ANNA LINDA EDEN, AJAY BEN JOSE, MANJUNATH MENON, SACHIN JACOB AMBAT, RIZLANA NAZAR P.V., S. SREEKUMAR, HARIKRISHNAN 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 to quash Annexure B Final Report in Crime No. 729/2022 of Ambalamedu Police Station, Ernakulam, now pending as C.C. No. 373/2023 on the files of Fast Track Special Court, Perumbavoor. The petitioners are accused Nos. 2 and 3 in the above case.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. Perused the available records.

3. In this case, the prosecution allegation is that the first accused committed offences punishable under Sections 354, 354A(1)(i), 354A(1)(ii), 354A(i)(iv) and 506 of the Indian Penal Code (hereinafter referred to as ‘IPC’ for short), Section 8 r/w 7, 10 r/w 9(p) and 12 r/w 11(i) of the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘PoCSO Act’ for short). The allegation against accused Nos.2 to 4 is that they failed to inform the occurrence soon after getting the complaint from the victim and thereby committed offence punishable under 21 r/w 19 of the PoCSO Act.

4. While canvassing quashment of the proceedings as against the petitioners, who are accused Nos. 2 and 3, the learned couns

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