Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 28TH DAY OF FEBRUARY 2019 / 9TH PHALGUNA, 1940 CRIME NO. 852/2018 OF PERUMPETTY POLICE STATION, PATHANAMTHITTA PETITIONER/ACCUSED: RAJESH, AGED 44 YEARS, THANKAPPAN NAIR, EDAPARAMBIL MALATHIL HOUSE, AYIROOR NORTH, NEWZHOOR MURI, AYIROOR, PERUMPETTY, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENTS/STATE: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031. 2 THE CIRCLE INSPECTOR OF POLICE, PERUMPETTY POLICE STATION, PERUMPETTY, PATHANAMTHITTA DISTRICT, PIN- 686547. BY SR. PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
This petition is filed under Section 482 of the Cr.P.C.
2. The petitioner herein is the accused in Crime No. 852 of
2018 of the Perumpetty Police Station registered under Section 376 of the IPC and under Section 3 r/w. Section 4 of the Protection of Children from Sexual Offences Act, 2012.
3. When the matter was taken up for hearing today, the
learned Public Prosecutor, on instructions, submitted that the wife of the petitioner has resiled from her earlier version. It is submitted that on investigation, the allegations were found to be not true. The investigating officer is on the verge of referring the case as false. The said submission is recorded and this petition is closed.
The right of the petitioner to move the jurisdictional court for appropriate relief, if so warranted, at a later stage is reserved. Sd/- RAJA VIJAYARAGHAVAN V., JUDGE avs APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE 1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.852/2018 OF PERUMPETTY POLICE STATION. RESPONDENT'S/S EXHIBITS: NIL avs //TRUE COPY// P.A TO JUDGE