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2022 Supreme(Online)(Ker) 73205

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
AJI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: ANOOP.V.NAIR, SHRI.NIKITHA ANTONY
For the Respondents: SMT.T.V.NEEMA -SR.PUBLIC PROSECUTOR

Table of Content
1. petitioner requests further investigation under section 173(8) of cr.p.c. (Para 1 , 4)
2. details of the initial complaint and charges framed against respondents regarding assault. (Para 2 , 3)
3. court analysis of applicability of the juvenile justice act and instructions for charge alteration. (Para 5 , 6)

O R D E R This Crl.M.C has been filed to give a direction to the 2nd respondent to conduct further investigation under Section 173(8)

of Cr.P.C.

2. The petitioner is the de facto complainant in Crime No.950/2016 of Kuruppampady Police Station. After investigation, final report has been filed against the accused, who are the 4th and 5th respondents, for the offences punishable under Sections 451, 341, 323 and 354 r/w 34 of IPC.

3. The 4th and 5th respondents appeared at the court below and they are on bail. It is submitted that the charge has already been framed against the 4th and 5th respondents under Sections 451, 341, 323 and 354 r/w 34 of IPC.

4. The prosecution case in short is that on 5.5.2016 at 4 pm, the 4th and 5th respondents trespassed into the house of the de facto complainant, assaulted her daughter Divya and the small child of Divya and caused injuries

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