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2024 Supreme(Online)(KER) 40988

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


Advocates:
SADCHITH.P.KURUP, C.P.ANIL RAJ, SIVA SURESH, RESHMA RAJ, SR.PUBLIC PROSECUTOR SRI.RENJIT GEORGE, ADV.AHAMED FAZIL E.C.

Table of Content
1. accused's relationship with complainant (Para 3)
2. petitioner's claim of consent (Para 4 , 5 , 6)
3. court's view on serious offences (Para 7)
4. court's ruling on quashing (Para 8 , 9 , 10)

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 (for short, ‘the Cr.P.C. hereinafter), by the petitioner, who is the sole accused in Crime No.67/2022 of Vanitha police station, Malappuram, now pending as S.C.No.18/2023 on the files of the Fast Track Special Court-II, Manjeri and the prayer herein is as under:

To call for the records relating to SC No.18/2023 on the files of Fast Track Special Court II, Manjeri, Malappuram District and quash the same and all further proceedings pursuant to it.

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

3. Precisely, the prosecution case is that, the accused herein, who made acquaintance with the de facto complainant through Instagram, subjected the de facto complainant to repeated sexual intercourse starting from Janu

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