Kerala High Court
Kamaludeen Ravuther vs Victim on 3 October, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
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CRL.MC No.1013 OF 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
CRL.MC NO. 1013 OF 2018
CP NO.103 OF 2017 OF JUDICIAL MAGISTRATE OF FIRST
CLASS, ADOOR
PETITIONERS/(ACCUSED Nos.2 & 3):
1 KAMALUDEEN RAVUTHER
AGED 64 YEARS, OCC.NIL, MADAPPALLIL VEEDU,
PANDALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA
DISTRICT.
2 HASEENA BEEVI
AGED 48 YEARS, W/O.KAMALUDEEN RAVUTHER
OCC.HOUSEWIFE, MADAPPALLIL VEEDU, PANDALAM
VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT.
BY ADVS.
SRI.BIJU ANTONY ALOOR
SRI.S.AADHIRITHIQ
SRI.RAJESH R. NAIR
RESPONDENTS/COMPLAINANTS:
1 SHERIN SAMUEL(VICTIM)
D/O SAMUEL DANIEL,
DAVEES BHAVAN,
KUDASSANADU,
PANDALAM VILLAGE,
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2
ADOOR TALUK
PATHANAMTHITTA DISTRICT
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULA-682 031.
BY ADV
SRI.RENJITH.T.R, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 03.10.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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CRL.MC No.1013 OF 2018
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P.V. KUNHIKRISHNAN,J.
-----------------------------------
Crl.M.C.No.1013 of 2018
------------------------------------
Dated this the 03rd day of October, 2024
ORDER
This Crl.M.C is filed to quash the
proceedings in C.P.No.103/2017 on the files of
Judicial First Class Magistrate Court, Adoor,
Pathanamthitta. This committal proceedings is
initiated based on Annexure B order. The offences
alleged are under Sections 192, 366, 376, 379, 420,
423, 465, 466, 468, and 294(b) read with Section 34
of the Indian Penal Code.
2. Heard the learned counsel for the
petitioners and the Public Prosecutor.
3. Adv.B.A.Aloor, who appeared for the
petitioners submitted that there is absolutely no
allegations against the petitioners who are the 2 nd
and 3rd accused in the case. Adv.B.A.Aloor takes me
through the complaint filed by the 1st respondent.
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CRL.MC No.1013 OF 2018
According to the counsel, the main allegation is
against the 1st accused. According to the counsel,
even if the entire allegations in Annexure A are
accepted, the main offences alleged are not
attracted. The counsel also submitted that Section
294(b) of the Indian Penal Code is also not
attracted because the alleged statement will not
come within the definition of obscenity in Section
294(b). The counsel also submitted that the
petitioners who are 2nd and 3rd accused are aged and
the continuation of the prosecution against the
petitioners is an abuse of process of law.
4. The Public Prosecutor takes me through
Paragraph Nos.10, 11 and 13 and submitted that there
are averments in the complaint against the
petitioners also.
5. After hearing both sides, I am of the
considered opinion that the this Court at this stage
may not be able to decide whether the offence
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CRL.MC No.1013 OF 2018
alleged are attracted or not. The petitioners can
file a discharge petition at appropriate stage.
Therefore, all the contentions raised by the
petitioners in this Crl.M.C are left open.
Petitioners are free to agitate the same before the
trial court at appropriate stage by filing a
discharge petition.
With the above observation, this Crl.M.C is
disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SSG
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CRL.MC No.1013 OF 2018
PETITIONERS' ANNEXURES
ANNEXURE-A A COPY OF THE COMPLAINT BY COMPLAINANT IN
CMP NO.4225/2015.
ANNEXURE-B A COPY OF THE ORDER BY THE HON'BLE JFCM
ADOOR, IN CMP NO.4225/2015 DATED ON
9/6/2017.
ANNEXURE-C COPY OF THE JUDGMENT BY THE HON'BLE HIGH
COURT OF KERALA, AT ERNAKULAM IN BA
NO.107/2018.
