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2024 Supreme(Online)(KER) 41375

HIGH COURT OF KERALA
DR. HAFEES RAHMAN – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

This Criminal Miscellaneous case is filed to quash the proceedings in CC No.1439/2017 on the file of the Judicial First Class Magistrate Court-I, Kakkanad arising from Crime No.167/2013 of Thrikkakara Police Station. The petitioner is the accused in the above case. The above case is charge- sheeted alleging offences punishable under Secs. 341, 323 r/w

34 IPC.

2. The prosecution case is that on 12.10.2010, the petitioner being a doctor and staff of Sunrise Hospital, Kakkanad restrained the defacto complainant and his son and manhandled them and thereby committed the offences. According to the petitioner, even if the entire allegations are accepted, no offence is made out against the petitioner. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. The counsel for the petitioner submitted that the crime was registered on 06.02.2013, for the incident allegedly happened on 12.10.2010. It is also submitted that the prosecution is barred by limitation under Sec.468 Cr.P.C. It is further submitted that the defacto complainant and his henchmen trespassed into the hospital and ransacked the hospital, for which Crime No.2032/2010 was registered by the Th

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