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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
ASMA BEEVI – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. revision petition challenges rejection to alter charge. (Para 1) |
| 2. allegations of unlawful assembly and assault on minor. (Para 2) |
| 3. magistrate's findings on control over child upheld. (Para 4) |
| 4. court affirms necessity of actual control for prosecutions. (Para 6) |
ORDER
The order passed by the Judicial First Class Magistrate Court-I, Aluva, on 31.01.2025 in CMP No.3634/2024 in CC No.455/2019 rejecting the request of the defacto complainant in that case to alter the charge under Section 239 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), incorporating the offence under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 , is under challenge in this revision filed under Sections 438 and 442 of the by the defacto complainant.
2. The case arose out of the alleged act of accused Nos.1 to 6, who formed themselves into an unlawful assembly and mounted physical assault upon the defacto complainant and her sons at about 6.15 p.m on 07.04.2019. During the course of commission of the aforesaid crime, the accused are alleged to have wrongfully restrained the minor son of the defacto complainant and inflicted voluntary hurt upon him.
3. Hea
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