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2024 Supreme(Online)(KER) 16312

HIGH COURT OF KERALA
C.S. DIAS, J
ANWAR SADATH – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

The petition is filed under Section 482 of the Code of Criminal Procedure, to quash Annexure A1 FIR and Annexure A2 Final Report in Crime No.817/2022 of the Nooranadu Police Station, Alappuzha and all further proceedings in S.C.No.498/2023 of the Additional Sessions Court-III, Alappuzha.

2. The petitioners are the accused 1 and 2 in the above crime, registered against them, at the instance of the 3rd respondent, for allegedly committing the offences punishable under Sections 341 and 506 r/w Section 34 of the Indian Penal Code and Sections 92(a) and 92(b) of the Right of Persons with Disabilities Act, 2016.

3. The crux of the prosecution case is that: on 08.11.2022 when the 3rd respondent and his family went to Swathy theater for watching a movie, the 1st accused, namely, the Manager of the theater restricted entry of food inside the theater and the 2nd accused, who is the son of the 1st accused, was threatened and harassed the disabled son of the 3rd respondent. Thus, the accused have committed the above offences.

4. Heard; Sri.R.Reji, the learned counsel appearing for the petitioners, Smt.Seetha S. the learned Senior Public Prosecutor

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