ALAVI @ KUNJAPPA Vs. SUBIDA

JUDGEMENT

(1.) THIS Crl.M.C is filed under Section 482 of the Code of Criminal Procedure seeking to have the Final Report and further proceedings pursuant to C.P.No.1/2013 pending before the Judicial First Class Magistrate Court, Tirur quashed.

(2.) THE petitioner stands accused of having committed the offences punishable under Sections 376, 354 read with Section 34 of the Indian Penal Code. The allegations in short necessary for the disposal of this petition are as follows:

(3.) LEARNED counsel appearing for the petitioners pointed out that the story on the face of it is unbelievable and unnatural. The evidence now available is so scanty to be acted upon. It is also pointed out that the Manager of the hotel where the victim is alleged to have been taken by the 1st accused has given a statement that the room which is alleged to have been used for the purpose of commission of the offence has not been let out on that particular day. Learned counsel also pointed out that the initial complaint contains several other allegations also like assault. In fact it went to the extent of even stating the allegations which would attract the offence under Section 308 IPC. During the investigation, it was found that most of the allegations are false and now charge was confined to offence under Sections 376 and 354 read with Section 34 of the Indian Penal Code. In the above circumstances, according to the learned counsel, it can be easily say that the allegations are false and the petitioners have been unnecessarily harassed.