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2026 Supreme(Online)(Ker) 13641

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
MUHAMMED ASHRAF E – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.M.ANUROOP, SRI.M.DEVESH, SMT.JYOTHIS MARY, SMT.S.K.SREELAKSHMY, SHRI.MURSHID ALI M.
For the Respondents: SMT.ANIMA M.

ORDER

Dated this the 20th day of February, 2026 The petitioner who is the sole accused in S.C. No. 352 of 2025 on the file of the Fast Track Special Court, Kozhikode arising out of Crime No. 971 of 2024, has filed this petition under Section 528 of the B.N.S.S., praying for quashing Annexure A1 FIR and A2 final report involved in the above Crl.M.C. The offences alleged against the petitioner are under Sections 376 (1) and 354A(1)(i)(iv) of the IPC .

2. The prosecution case is that on 19.08.2023, the accused after offering a job to the defacto complainant called her to his flat at Kozhikode and outraged her modesty. On 20.08.2023, at about 5.45 a.m., he committed rape upon her.

3. At the time of arguments, it is revealed that the learned special Judge has already framed charges against the petitioner and the defacto complainant was already examined as PW1. The petitioner has produced a copy of the deposition given by the PW1, in which she has given statement against the petitioner and in tune with the averments in the charge. Since the trial court has already framed charges against the petitioner and the trial has commenced, the prayer for quashing the FIR and the final report is u

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