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XXX vs State of Kerala

XXX vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jul 29, 2024
~2 min read
https://sooperkanoon.com/case/1329342

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Crl.MC/6372/2024

Parties & Advocates

Appellant / Petitioner

XXX

Respondent

State of Kerala

Excerpt

.....violence against women & children),thiruvananthapuram petitioner/accused: xxx xxx xxx by advs. arun mathew vadakkan padayattee yeldo steffy v.j. johny k. john respondents/state & de facto complainant: 1 state of kerala represented by public prosecutor,high court of kerala, ernakulam, pin - 682031 2 xxx xxx r1 by sr.public prosecutor sri.renjit george this criminal misc. case having come up for admission on 29.07.2024, the court on the same day passed the following: crl.mc no. 6372 of 2024 2orderdated this the 29th day of july, 2024 this criminal miscellaneous case has been filed under section 528 of the bharatiya nagarik suraksha sanhita, 2023, by the petitioner, who is the accused in crime no.224/2024 of balaramapuram police station, thiruvananthapuram, now pending as s.c.no.773/2024 on the files of the additional district and sessions court (po cso), thiruvananthapuram and the prayer herein is as under:to quash annexure a1 first information report and a2 final report in crime no.224/2024 of balaramapuram police station, thiruvananthapuram district and all proceedings pursuant to annexures a1 and a2 pending as s.c.no.773/2024 of addl.district and sessions court (pocso), thiruvananthapuram.2. after arguing for a while, when this court is not inclinedto allow the quashment, holding that prima facie case made out from the prosecution records, the learned counsel for the petitioner sought permission to withdraw this petition. crl.mc no. 6372 of 2024 3 permission granted and this petition is dismissed as withdrawn. registry is directed to forward a copy of this order to the additional district and sessions court (po cso), thiruvananthapuram, for information and future guidance. sd/- a. badharudeen judge bb

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 29TH DAY OF JULY 2024 / 7TH SRAVANA, 1946 CRL.MC NO. 6372 OF 2024 CRIME NO.224/2024 OF BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM SC NO.773 OF 2024 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT (ATROCITIES & SEXUAL VIOLENCE AGAINST WOMEN & CHILDREN),THIRUVANANTHAPURAM PETITIONER/ACCUSED: XXX XXX XXX BY ADVS. ARUN MATHEW VADAKKAN PADAYATTEE YELDO STEFFY V.J. JOHNY K. JOHN RESPONDENTS/STATE & DE FACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 XXX XXX R1 BY SR.PUBLIC PROSECUTOR SRI.RENJIT GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 6372 OF 2024 2

ORDER

Dated this the 29th day of July, 2024 This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the petitioner, who is the accused in Crime No.224/2024 of Balaramapuram police station, Thiruvananthapuram, now pending as S.C.No.773/2024 on the files of the Additional District and Sessions Court (Po CSO), Thiruvananthapuram and the prayer herein is as under:

To quash Annexure A1 First Information Report and A2 Final Report in Crime No.224/2024 of Balaramapuram police station, Thiruvananthapuram District and all proceedings pursuant to Annexures A1 and A2 pending as S.C.No.773/2024 of Addl.District and Sessions Court (POCSO), Thiruvananthapuram.

2. After arguing for a while, when this Court is not inclined

to allow the quashment, holding that prima facie case made out from the prosecution records, the learned counsel for the petitioner sought permission to withdraw this petition. CRL.MC NO. 6372 OF 2024 3 Permission granted and this petition is dismissed as withdrawn. Registry is directed to forward a copy of this order to the Additional District and Sessions Court (Po CSO), Thiruvananthapuram, for information and future guidance. Sd/- A. BADHARUDEEN JUDGE Bb

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