Xxxxxx vs State Of Kerala
2024 Latest Caselaw 33119 Ker

Kerala High Court

Xxxxxx vs State Of Kerala on 14 November, 2024

                                                  2024:KER:85199

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

           THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA, 1946

                    CRL.MC NO. 6223 OF 2024

 CRIME NO.160/2023 OF VADAKKEKARA POLICE STATION, ERNAKULAM
        AGAINST THE ORDER/JUDGMENT DATED 11.01.2024 IN RC NO.3
    OF 2023 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT
         (VIOLENCE AGAINST WOMEN & CHILDREN), ERNAKULAM

PETITIONER:

           XXXXXXXXXX
           XXXXXXXXXX XXXXXXXXXX

           BY ADVS.
           SHIBIN K.F.
           SEBY JOSEPH
           RAHUL SEBASTIAN

RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
           KERALA, PIN - 682031

    2      INSPECTOR OF POLICE
           VADAKKEKARA POLICE STATION , MOOTHAKUNNAM PO,
           ERNAKULAM DISTRICT, PIN - 683516

    3      XXXXXXXXXX
           XXXXXXXXXX XXXXXXXXXX

           BY ADVS.
           CP UDAYABHANU
           NAVANEETH.N.NATH(K/1002/2016)
                                                          2024:KER:85199

CRL.MC NO.6223 OF 2024

                                 2


          ABHILASH A J(K/000484/2013)
          PREETHA R.(K/211/2020)
          CHRISTAPHER JOSE(K/571/2021)
          RISHI RAVINDRAN(K/2591/2024)



OTHER PRESENT:

          PP M P PRASANTH


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   14.11.2024,   THE   COURT   ON   THE   SAME   DAY   PASSED    THE
FOLLOWING:
                                                      2024:KER:85199

CRL.MC NO.6223 OF 2024

                                 3



                               ORDER

Dated this the 14th day of November, 2024

This Criminal Miscellaneous Case has been filed under

Section 482 of the Code of Criminal Procedure, 1973, to

quash the Annexure-A36 order as well as Annexure-A1 FIR

and all the further proceedings in Crime No.160/2023 on the

files of the Vadakkekara Police Station within the jurisdiction

of the Additional District and Sessions Court (For the trial of

cases relating to atrocities and sexual violence against

women and children), Ernakulam, alleging commission of

offence punishable under Section 376(2)(f), 376(3) and

376AB of the IPC and 4(2), 3(b), 6, 5(m) and 6(n) of the

POCSO Act 2012.

2. It is submitted by the learned counsel for the

petitioner that during pendency of this Crl.MC,

supplementary final report filed referring the matter as false 2024:KER:85199

CRL.MC NO.6223 OF 2024

based on the further investigation conducted. in view of the

further report, the prayer in this Crl.MC has become

infructuous. Therefore, this Crl.MC may be dismissed.

3. Recording the above submission, this Crl.MC is

dismissed as infructuous.

4. Interim order of stay granted by this Court, stands

vacated.

5. Registry is directed to forward a copy of this order to

the jurisdictional court within three days, for information and

further steps.

Sd/-

A. BADHARUDEEN JUDGE Pvv