Jayalalithaa rejected a petition to quash proceedings against the petitioner for sexual offence and causing miscarriage. The court held that serious allegations require detailed investigation and denied quashment, staying coercive proceedings temporarily.
All coercive proceedings stayed for two weeks; liberty to petitioner to move for bail
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
CRL.MC NO. 6691 OF 2021
CRIME NO.1414/2021 OF KEEZHVAIPUR POLICE STATION
PETITIONER/ACCUSED:
MANU A.
AGED 31 YEARS
S/O.BABU, MANJALLOORKUNNEL, VAIPOOR P.O.,
PATHANAMTHITTA DISTRICT.
BY ADV K.S.ARUNDAS
RESPONDENT/STATE:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.2 XXXXBY ADV AUGUSTUS BINU
PP – M P PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 6691 of 2021
2
ORDER
Dated this the 21 st day of May, 2024
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973,
to quash all further proceedings against the petitioner/accused pursuant to Annexure-I FIR in Crime No. 1414/2021 of Keezhvaipur Police Station.
he submitted that, going by the allegation in the FIS, it could be gathered that the sexual intercourse was
Crl.M.C. No. 6691 of 2021
3
consensual in nature. Therefore, no offence punishable under Section 376(2)(n) of IPC is made out.
All coercive proceedings against the petitioner shall stand stayed for a period of two weeks with direction to the petitioner to co-operate with the investigation and move for bail, in accordance with law.
Sd/-
A. BADHARUDEEN JUDGE
SK
Crl.M.C. No. 6691 of 2021
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APPENDIX OF CRL.MC 6691/2021
PETITIONER ANNE |
XURES : |
|
|---|---|---|
Annexure I |
A CERTIFIEDNO.1414/2021 |
COPY OF FIR IN CRIMEOF KEEZHVAIPUR POLICE |
STATION. |
||
Annexure II |
A CERTIFIED |
COPY OF FIR IN CRIME |
NO.1414/2021 |
OF KEEZHVAIPUR POLICE |
|
STATION. |
RESPONDENTS’ ANNEXURES : NIL
2 issues framed by the court
Whether the allegations in the pregnancy-related sexual offence case are fit for quashing of proceedings under Section 482 CrPC.
Whether the case requires detailed investigation before quashment.
1 provisions across 1 enactments
MANU A.
STATE OF KERALA
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court