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2024 Supreme(Online)(KER) 8529

HIGH COURT OF KERALA
A. BADHARUDEEN, J
SUDHEESH A.P. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
K.RAKESH, M.P.PRASANTH

ORDER

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, to quash all further proceedings in Annexure B Final Report in Crime No.71/2021 of Vazhakkad Police Station, now pending as S.C.No.1075/2022 on the files of the Fast Track Special Court- II, Manjeri. The petitioner herein is the sole accused in the above case.

2.Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the relevant documents.

3.The prosecution allegation is that the accused, who made acquaintance with the defacto complainant, after having maintained a relationship, offered to marry her, and on the said promise, she was subjected to sexual molestation at 6.30 pm on 11.12.2020 by kissing her face, neck and private parts. Thereafter, again at 9 pm on 21.12.2020, the accused subjected the defacto complainant to sexual molestation on promise of marriage. Further allegation is that on 26.12.2020 also, the accused repeated the same. Accordingly, the prosecution alleges commission of offence punishable under Section 354A and 354D of IPC .

4.While assailing the final report, the learned counsel for the petitioner argued that the pe

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