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2024 Supreme(Online)(KER) 35680

HIGH COURT OF KERALA
A. BADHARUDEEN, J
JOY JANARDHANAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
C.UNNIKRISHNAN (KOLLAM), NIDHI BALACHANDRAN, UTHARA A.S, VIJAYKRISHNAN, S.MENON, GOUTHAM KRISHNA U.B., VIVEK NAIR P.

ORDER

Dated this the 20 th day of November, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure , 1973 (for short, ‘the Cr.P.C.’ hereinafter), by the petitioner, to quash Annexure A1 FIR and Annexure A2 Final Report in C.C.No.64/2022 on the files of the Judicial First Class Magistrate Court-II, Kollam, arose out of Crime No.1068/2021 of Kollam East Police Station, Kollam, and all further proceedings thereunder. The petitioner herein is the accused in the above case.

2. Heard the learned counsel for the petitioner, the learned counsel for the de facto complainant and the learned Public Prosecutor. Perused the relevant records.

3. In this matter, the prosecution alleges commission of offences punishable under Sections 354A(1)(ii), 354A(1)(iv), 509, 294(b) and 506 of the Indian Penal Code. The prosecution allegation is that, the accused, who is the superior officer of the de facto complainant, used to utter obscene words with intention to outrage her modesty between 01.01.2019 and 01.11.2021 and also she was threatened with transfer. This is the 2024:KER:87145 base, on which, the prosecution alleges commission of the above offences.

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