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Kerala High Court
Abdulrahiman Fasarudheen @ Fasar vs The State Of Kerala on 19 February, 2026
2026:KER:14337
Crl.M.C No.7993/19
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947
CRL.MC NO. 7993 OF 2019
CRIME NO.741/2014 OF THAMARASSERY POLICE STATION, KOZHIKODE
IN SC NO.1279 OF 2017 OF SPECIAL COURT UNDER POCSO ACT,
KOZHIKODE
PETITIONER/ACCUSED:
ABDULRAHIMAN FASARUDHEEN @ FASAR,,
AGED 25 YEARS
S/O.ABDULKHADER,
SEENATH MANZIL,
NO.7/28/1, MAHALAKSHMI ROAD,
P.O.UCHILA, UDUPPI,
KARNATAKA
BY ADVS. SHRI.SRINATH GIRISH
SRI.P.JERIL BABU
RESPONDENTS/ STATE & COMPLAINANT :
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM-682031
2 VICTIM
SRI RENJIT GEORGE, SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
17.02.2026 , THE COURT ON 19.02.2026 PASSED THE FOLLOWING:
2026:KER:14337
Crl.M.C No.7993/19
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ORDER
The accused in S.C.No.1279/2017 on the files of the Additional
Sessions Court for the Trial of Cases Relating to Atrocities and Sexual
Violence Towards Women and Children, Kozhikode, has filed this petition
under Section 482 of the Code of Criminal Procedure, 1973(in short,
'Cr.PC') to quash the proceedings against him in the said case. The
allegation against the petitioner is that he committed the offences under
Sections 366A & 376 of the Indian Penal Code, 1860 (in short, 'IPC'), and
Sections 5(j)(ii)(l) & 6 of the Protection of Children from Sexual Offences
Act, 2012 (in short, 'POCSO Act').
2. The prosecution case is summarised as follows:
On 22.10.2014, the petitioner enticed the victim, a minor girl aged
14 years, to leave her residence at Vezhipur, within the limits of
Thamarassery Police Station, and managed to compel her to travel
to Mysore from where the petitioner took her to Nepal and indulged
in sexual relationship with her in a rented room resulting in that
minor girl getting impregnated and delivering a female baby. Thus,
the petitioner is alleged to have committed the aforesaid offences.
3. In the present petition, the petitioner would contend that he
is totally innocent and that a false case has been foisted against him. It
2026:KER:14337
is further contended by the petitioner that none of the offences alleged
against him are attracted in the facts and circumstances of the case.
4. Heard the learned counsel for the petitioner and the learned
Public Prosecutor representing the State of Kerala.
5. One of the main arguments advanced by the learned counsel
for the petitioner to quash the proceedings against the petitioner is that
the offence alleged against the petitioner had taken place in Nepal, and
hence the Court at Kozhikode has no jurisdiction to proceed with the trial
in the absence of the necessary sanction accorded by the Central
Government under Section 188 Cr.PC. There is absolutely no basis for
the above argument since the offence alleged against the petitioner
commenced the moment when he managed to entice and compel the
victim to leave her residence at Vezhipur in Thamarassery. It is true that
the petitioner is alleged to have indulged in sexual relationship with that
minor girl at Nepal. But, there is absolutely no bar for the Court having
jurisdiction over the place of residence of the victim at Vezhipur to
proceed with the trial in the case, since the offence alleged against the
petitioner commenced at that place.
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6. Another argument advanced by the learned counsel for the
petitioner is that the offence under Section 366A IPC is not attracted in
the facts and circumstances of the case since there is no allegation that
the victim girl was taken to Nepal for forced or seduced illicit intercourse
with another person. With regard to the above contention, it has to be
stated that the allegations against the petitioner clearly constitute the
offence under Section 366 IPC. It is for the Trial Court to decide at the
appropriate stage of the proceedings as to whether the petitioner has to
be charged under Section 366 IPC or any other analogous penal
provisions in connection with the facts revealed from the final report and
other relevant records. At any rate, the petitioner cannot be heard to
say that the prosecution proceedings against him are liable to be
terminated due to misquoting of any penal provision by the investigating
agency.
7. The final report and the accompanying records relied on by
the prosecution would clearly bring home the offences under Sections
366 & 376 IPC and also the relevant penal provisions of the POCSO Act
in connection with the act of the petitioner enticing and taking away a
minor girl from her residence at Thamarassery to Nepal, and indulging in
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sexual relationship with her, resulting in impregnation and delivery of a
female baby. In the above circumstances, it is not possible for this Court
to invoke its inherent powers under Section 482 Cr.PC to terminate the
prosecution proceedings at the threshold, in a case like this. Needless to
say, the prayer of the petitioner to quash the proceedings against him,
cannot be allowed.
In the result, the petition is hereby dismissed.
(sd/-)
G. GIRISH, JUDGE
DST
2026:KER:14337
APPENDIX
PETITIONER ANNEXURES
ANNEXURE A1 ACCUSED'S COPY OF THE FIRST INFORMATION
REPORT NO.741/2014 DATED 23.10.2014,
THAMARASSERY POLICE STATION, KOZHIKODE RURAL,
ALONG WITH THE FIS
ANNEXURE A2 ACCUSED'S COPY OF THE FINAL REPORT DATED
12.12.2017 ALONG MEMORANDUM OF EVIDENCE AND
STATEMENTS U/S 161 OF CR.P.C
ANNEXURE A3 ACCUSED'S COPY OF THE ARREST MEMO OF THE
ACCUSED
ANNEXURE A4 ACCUSED'S COPY OF THE PETITION FILED BY THE
SUB INSPECTOR OF POLICE, THAMARASSERY BEFORE
THE JUDICIAL FIRST CLASS MAGISTRATE COURT 1,
THAMARASSERY FOR ALTERNATION OF CHARGE
AGAINST THE PETITIONER
ANNEXURE A5 ACCUSED'S COPY OF THE PETITION FILED BY THE
SUB INSPECT OF POLICE, THAMARASERY BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE COURT I,
THAMARASSERY FOR ADDING OFFENCE U/S366(A) OF
IPC AGAINST THE PETITIONER
ANNEXURE A6 A TRUE COPY OF THE COPY APPLICATION NUMBERED
AS C.A.1458/2019 AND ENDORSEMENT THREON
