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2024 Supreme(Online)(KER) 33180

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


Advocates:
C.A.CHACKO SMT.C.M.CHARISMA, SRI.L.RAJESH NARAYAN SR PP - RENJIT GEORGE

ORDER

Dated this the 15th day of October, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973 , to quash Annexure.A1 FIR and Annexure.A2 Final Report in Crime No.373/2016 of Kodakara Police Station, Thrissur, now pending as C.C. No.1244/2016 on the files of the Judicial First Class Magistrate Court, Irinjalakkuda. The petitioner herein is the sole accused in the above case.

2. Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel appearing for the defacto complainant, in detail. Perused the relevant materials available.

3. In this matter, the allegation of the prosecution is that, at 10.00 am on 17.03.2016, the accused pursuant to his animosity towards the defacto complainant for questioning cleaning of the boundary of the property, which is under dispute, used obscene words against the defacto complainant and threw a stone to her and thereby caused abrasion on her hand and also threatened to kill her. It is on this premise, the prosecution alleges commission of offences punishable under Sections 324 , 294(b) and 506(i) of Indian Penal Code [hereinafter referred as ‘ IPC ’ for

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