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2024 Supreme(Ker) 1350

.... – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: C.R.Reghunathan, Sri.R.Balakrishnan, Sri.B.Harrylal
For the Respondent: K.K.Razia, Sri.M P Prasanth, Public Prosecutor

ORDER :

A. Badharudeen, J.

This Criminal Miscellaneous Case has been filed by the petitioner, who is the sole accused in Crime No.714/2020 of Kaduthuruthy Police Station, under Section 482 of the Code of Criminal Procedure, 1973, seeking the following prayers:

    “i. Call for the records, hear the parties and quash Annexure A9 Final Report, invoking inherent powers of this Hon’ble Court under section 482 of the Code of Criminal Procedure, 1973.

    ii. Grant such other relief that may be proper and necessary in the interest of justice.”

2. Heard the learned counsel for the petitioner, learned counsel for the 3rd respondent and the learned Public Prosecutor. Perused the records, placed by the learned counsel for the petitioner, form part of the prosecution and other documents.

3. Here, the prosecution alleges commission of offences punishable under Sections 354D, 450 and 376(2)(n) of the Indian Penal Code, 1860, as well as Section 6 r/w 5(l) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘the PoCSO Act’). The allegation is that the defacto complainant and the accused, who legally effected marriage as on 19.06.2017, maintained love relationship since 201

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