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2023 Supreme(Online)(KER) 17209

HIGH COURT OF KERALA
K. Babu, J
... – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
K.P.SUJESH KUMAR

ORDER

The challenge in this Crl.M.C. is against the order dated

19.07.2023 (Annexure A4) passed by the Fast Track Special Judge, Kattakada in C.M.P. No.74/2023 in S.C.No.759/2014 on the file of the Fast Track Special Court, Kattakada. The petitioner is the accused in the Sessions Case. He faces charges under Sections 363 and 376 of IPC and Sections 3 (a) read with Section 4 of Protection of Children from Sexual Offences Act , 2012.

2. The Court below is proceeding with the trial in the matter.

After completing the evidence, the matter was posted for hearing arguments under Section 232 of Cr.P.C. On 19.07.2023, the learned Special Prosecutor filed C.M.P.No.74/2023 under Section 311 Cr.P.C seeking to issue summons to the Head Master of the school where the victim first attended, the Doctor who issued Ext.P4 medical certificate and the investigating officer. The Court allowed the application as per the impugned order.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. The learned counsel for the petitioner submitted that the Head Master of the Govt.H.S.S., Malayinkeezhu was examined as PW9 and the admission register relating to the victim was marked as

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