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2026 Supreme(Online)(Ker) 13595

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
NIJAZ Y – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.NINEEP K., SRI.C.MOHAMMED MUSTHAFA, SRI.D.ARUN BOSE
For the Respondents: PP SMT. C.SEENA, ADV. SRI. AMEER SALIM

ORDER

Dated this the 23rd day of February, 2026 The petitioner who is the sole accused in S.C. No. 979 of 2025 on the file of the Additional Sessions Court, Alappuzha, arising out of Crime No. 2798 of 2018 of Kayamkulam police station. The offences alleged against the petitioner are under Sections 323 and 324 r/w 34 of the IPC .

2. The prosecution case is that, due to enmity of the petitioner and four other Children in Conflict with law (CCL), who were the students of MSM Higher Secondary School, Kayamkulam, as the defacto complainant did not obey the direction to remove his black inner wear, voluntarily caused hurt to him by beating with a plastic dustbin bucket on his head and forcefully removed his black innerwear and thereby they are alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, as per the prosecution case, altogether five persons were involved in the commission of the offences, but the final report has been filed only against the petitioner. Further according to the learned counsel for the petitioner, this is a false case foisted against the petitioner. Therefore he prayed for quashing all further proceedings against

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