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2024 Supreme(Online)(KER) 19269

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


ORDER

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure to quash the entire proceedings in S.C.No.477/2023 on the files of the Fast Track Special Court for the trial of Offences under the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘POCSO Act’ for short), Chengannur. The petitioner herein is the sole accused in the above crime.

2.Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Scrutinized the records.

3.In this matter, initially Annexure 1 complaint, vide Crl.M.P.No.1354/2022, was lodged before the Judicial First Class Magistrate Court, Mavelikkara by the defacto complainant herein, alleging commission of offences punishable under Sections 420 , 511 of 465 and 468 of IPC as well as under Section 9 of the Kerala Prohibition of Exorbitant Interest Act , 2012 (hereinafter referred to as ‘the Act, 2012’ for short). According to the learned counsel for the petitioner, the said complaint was investigated and the police found the same as false. Thereafter, another complaint was lodged incorporating more offences and for which, Annexure 2 FIR was registered on 03.11.

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