IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2550 of 2010()
1. BINU, S/O.CHANDRA BABU,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY THE
... Respondent
2. ATHIRA, D/O.SASIKALA,
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :30/08/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.2550 OF 2010
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Dated 30th August, 2010
O R D E R
Petitioner, the accused in crime
No.234/2010 of Pangodu Police Station
registered for the offences under Sections
450 and 376 of Indian Penal Code filed this
petition under Section 482 of Code of
Criminal Procedure to quash the FIR
contending that the ingredients of the
offences are not attracted as Annexure II
affidavit filed by the petitioner before
Sessions court, Thiruvananthapuram shows
that prosecutrix was not subjected to
rape.
2. Learned counsel appearing for
the petitioner was heard.
3. Accepting the affidavit filed by
Crmc 2550/10
2
the prosecutrix that she was not subjected to
rape, the case cannot be quashed as sought for.
It is a matter for investigation. In the light
of the statement to the contrary by the
prosecutrix, based on which the FIR was taken,
it is for the police to investigate the case
properly.
Petition is dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.