Sumesh, vs State of Kerala,

Type Court Judgment Court Kerala Decided Mar 25, 2022

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Citation: sooperkanoon.com/1444115
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Mar 25, 2022
Case Number: Crl.MC/426/2022

Parties & Advocates

Appellant / Petitioner

Sumesh,

Respondent

State of Kerala,

Excerpt

.....kumar a.salini lal respondent/complainant/defacto complainant: 1 state of kerala, represented by public prosecutor, high court of kerala, ernakulam. 2 xxx smt. m.k. pushpalatha, sr. pp this criminal misc. case having come up for admission on 25.03.2022, the court on the same day passed the following: -:2:-orderdated this the 25th day of march, 2022 this crl.m.c has been filed to quash all further proceedings in s.c.no.1351/2015 on the files of the additional sessions court (pocso), attingal2. the petitioner is the accused. the offences alleged against him are under sections 354(a)(ii), 354(b), 366, 376 of ipc and 66 e of the it act.3. having heard the learned counsel for the petitioner and thelearned public prosecutor, i am of the view that this crl.m.c can be disposed of, with liberty to the petitioner to file an application for discharge at the court below. the learned judge shall dispose of the said application, if any filed, in accordance with law. the petitioner is at liberty to take up all the contentions raised in this crl.m.c in the application for discharge. the personal appearance of the petitioner at the court below is dispensed with till the discharge application is disposed of by the learned judge. the crl.m.c is disposed of. sd/- dr. kauser edappagath judge kp true copy p.a. to judge -:3:- appendix of crl.mc 426/2022 petitioner annexures annexure 1 certified copy of fir in 620/2015 of kazhakuttam police station. annexure 2 certified copy of the 164 statement in annexure 3 certified copy of the final report in crime number 620/2015 of kazhakuttam police station. annexure 4 true copy of the report of the doctor dated 08.06.2015.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 25TH DAY OF MARCH 2022 / 4TH CHAITHRA, 1944 CRL.MC NO. 426 OF 2022 CRIME NO.620/2015 OF Kazhakkuttom Police Station, Thiruvananthapuram IN SC 1351/2015 OF ADDL.SESSIONS COURT(POCSO), ATTINGAL PETITIONER: SUMESH, AGED 29 YEARS S/O.SURESH KUMAR, SURESH BHAVAN, NEAR TSC HOSPITAL, THUNDATHIL, KULATHOOR, THIRUVANANTHAPURAM. BY ADVS. R.SUNIL KUMAR A.SALINI LAL RESPONDENT/COMPLAINANT/DEFACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 XXX SMT. M.K. PUSHPALATHA, SR. PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.03.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -:2:-

ORDER

Dated this the 25th day of March, 2022 This Crl.M.C has been filed to quash all further proceedings in S.C.No.1351/2015 on the files of the Additional Sessions Court (POCSO), Attingal

2. The petitioner is the accused. The offences alleged against him are under Sections 354(A)(ii), 354(B), 366, 376 of IPC and 66 E of the IT Act.

3. Having heard the learned counsel for the petitioner and the

learned Public Prosecutor, I am of the view that this Crl.M.C can be disposed of, with liberty to the petitioner to file an application for discharge at the court below. The learned Judge shall dispose of the said application, if any filed, in accordance with law. The petitioner is at liberty to take up all the contentions raised in this Crl.M.C in the application for discharge. The personal appearance of the petitioner at the court below is dispensed with till the discharge application is disposed of by the learned Judge. The Crl.M.C is disposed of. Sd/- DR. KAUSER EDAPPAGATH JUDGE kp True copy P.A. To Judge -:3:- APPENDIX OF CRL.MC 426/2022 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF FIR IN 620/2015 OF KAZHAKUTTAM POLICE STATION. Annexure 2 CERTIFIED COPY OF THE 164 STATEMENT IN Annexure 3 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NUMBER 620/2015 OF KAZHAKUTTAM POLICE STATION. Annexure 4 TRUE COPY OF THE REPORT OF THE DOCTOR DATED 08.06.2015.

Same Court & Year Kerala · 2022 Same Parties Sumesh, vs State of Kerala, Same Judge Honourable Dr. Justice Kauser Edappagath

In accordance with law Public prosecutor Certified copy Police Station dispose of high court True copy