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2024 Supreme(Online)(KER) 15366

HIGH COURT OF KERALA
A. BADHARUDEEN, J
SAJID MUHAMMEDKUTTY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
ALIAS M.CHERIAN, K.M.RAPHY, BRISTO S PARIYARAM, AMEERA JOJO, MINNU DARWIN, PUBLIC PROSECUTOR, Abdul Jaleel P.M, T.V.SHAJI(K/131/2005), K.N.MUHAMMED THANVEER(K/529/2014), K.SHAMEER MOHAMMED(K/158/2008), ARUNIMA.T.S.(K/1599/2023), ALTHAF AHMED ABDU(K/002945/2023), PUBLIC PROSECUTOR SRI M P PRASANTH

ORDER

This criminal miscellaneous case has been filed under Section 482 of the Code of Criminal Procedure, by the sole accused in C.C.No.32/2023 on the files of Judicial Magistrate of First Class, Kodungallur, arising out of Crime No.838 of 2022 of Mathilakom Police Station, Thrissur, and the prayers are as under :

    “i.To quash Annexure A1/final report in C.C.No.32/2023 on the file of Judicial First Class Magistrate Court, Kodungallur.
    ii.To permit the petitioner from personally pressent for the trial of the case in C.C.No.32 of 2023 on the file of Judicial First Class Magistrate Court, Kodungallur and permit the petitioner to conduct the case through his counsel.
    iii.To grant such other relief which are deem fit and proper in the circumstances of the case.”

2.Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor at length. Perused the relevant documents and the decisions cited by them.

3.Here the prosecution alleges commission of offence punishable under Sections 3 r/w 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 (`Act, 2019’ for short hereafter), by the accused. The allegation is that the p

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