High Court Kerala High Court

Binu vs State Of Kerala on 30 August, 2010

Kerala High Court
Binu vs State Of Kerala on 30 August, 2010
       

  

  

 
 
  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.

           ---------------------------------------------
             CRL.M.C.NO.2550 OF 2010
           ---------------------------------------------
              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.