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2025 Supreme(Ker) 146

A. BADHARUDEEN
Hafeez Rahman P. A. , S/o. P. K. Abdul Rahman – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala – Respondent


Advocates Appeared:
For the Petitioner: P.T. Mohankumar, George Cherian, Rajesh Cherian Karippaparambil, Maneesha Joy.
For the Respondents: PP Jibu T.S.

ORDER :

(A. Badharudeen, J.)

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings in S.C. No.283/2022 on the files of the Special Court for the trial of cases under the Protection of Children from Sexual Offences Act [hereinafter referred as ‘POCSO Act’ for short], Ernakulam, arose out of Crime No.313 of 2021 of Thrikkakara Police Station, as against the petitioner. The petitioner herein is the 2nd accused in the above case.

2. Heard the learned counsel for the petitioner, in detail and also the learned Public Prosecutor. Perused the records and decision placed by the learned counsel for the petitioner and also referred the provisions pointed out by the learned Public Prosecutor, while opposing quashment.

3. In this matter, the crime was registered by Thrikkakara Police and after investigation Final Report filed alleging that the 1st accused had committed offences punishable under Sections 363, 449, 376(3), 376(2)(n), 354A(I)(i), 354A(2) of the Indian Penal Code, under Sections 4(2) read with 3, 6(1) read with 5(l)(j)(ii), 10 read with 9(l), 12 read with 11(iv) of the POCSO Act and under Sections 3(1

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