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2024 Supreme(Ker) 1201

A. BADHARUDEEN
V. madhusoodhanan, s/o. K. kelu – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.SASINDRAN, SATHEESHAN ALAKKADAN
For the Respondent: SENIOR PUBLIC PROSECUTOR SRI RENJIT GEORGE

ORDER :

This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (`BNSS’ for short), seeking to quash Annexure AII final report and all further proceedings in C.C.No.1505 of 2023 on the files of Judicial Magistrate of First Class-II, Hosdurg.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the impugned order.

3. The prosecution case herein is that at 20.40 hours on 29.04.2023, the accused herein forcefully compelled the defacto complainant to drink beer and lie along with the accused, and spoke against her with sexual intent when the defacto complainant reached the central hall of the house of the accused for having food and thereby committed offences punishable under Sections 354A(1)(ii) and 354A(1) (iv) of the Indian Penal Code (`IPC' for short). The specific allegation is that the accused herein, who was a retired Deputy Superintendent of Police (Dy.S.P), brought the presence of the defacto complainant at his house for stay on 29.04.2023 through one Chandran with offer to provide the defacto complainant an opportunity to act in an Album. The defacto complainant reached the reside

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