IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SHIYAS P.H. – Appellant
Versus
STATE OF KERALA – Respondent
K.BABU, J.
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Crl.R.P No.1350 of 2025 ---------------------------------------
Dated this the 4th day of February, 2026 O R D E R The Revision Petitioner challenges the order dated 12.11.2025 in C.M.P No.2436/2025, an application seeking discharge filed under Section 239 Cr.PC, on the file of the Judicial First Class Magistrate Court-III, Kollam. The revision petitioner is the accused in C.C No.124/2019. He is alleged to have committed the offences punishable under Sections 323, 324 and 506(i) of the IPC.
2. The prosecution case as narrated in Anx.A5 order in CMP No.2436/2025 reads thus:
“On 09.02.2019, at about 10.00 a.m., the defacto complainant, along with his sons, was present at the Hon'ble Family Court, Kollam, for handing over the seven-year-old son of his late daughter to the petitioner, as per the interim order of the Hon'ble Family Court. After handing over the child to the petitioner, the child expressed reluctance to go with him. The petitioner allegedly pinched the child, causing him to cry. When the defacto complainant questioned this act, the petitioner shouted, saying, “I will beat and kill my son. Who are you to question me? You are
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