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2021 Supreme(Online)(KER) 47133

HIGH COURT OF KERALA
M.R.ANITHA, J
SHAIBA .A – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN, SRI.V.VINAY, SRI.K.ANAND (A-1921), SRI.M.S.ANEER

ORDER

Dated : 23rd November, 2021

1. Petitioner is the first accused in C.C.No.1183/2016 on the file of Judicial First Class Magistrate Court, Kattakkada, which is registered for the offence punishable under Sections 294 (b), 323 r/w 34 IPC . This Crl.M.C has been filed seeking to quash the entire further proceedings against the petitioner in the above crime.

2. Prosecution case is that out of enmity towards the de facto complainant in demanding to demolish the poultry shed and toilet constructed by the accused persons encroached into her property, with the intention of causing hurt to her, on 9.8.2015 at about 8.00 am the second accused abused the de facto complainant using filthy language and pushed her down and the first accused fisted and hit on her back abdomen and on several parts of her body and thereby committed the offence aforementioned.

3. Annexure-I is the FIR and FIS registered in connection with the crime upon the complaint filed by the de facto complainant. Annexure-II is the final report.

4. According to the learned counsel for the petitioner, petitioner is working as Junior Nurse in Health and due to the investigation of this crime, she had been issued with a show caus

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