ARSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 to quash Annexrue-A1 Final Report and all further proceedings in S.C.No.346/2024 on the files of the District and Sessions Court, Kozhikode arose out of Crime No.663/2023 of Nadapuram Police Station, Kozhikode. The petitioner herein is the accused in the above case.

(2.) Heard the learned counsel for the petitioner and the learned counsel appearing for the 2nd respondent/defacto complainant who is injured person. Also heard the learned Public Prosecutor, in detail. Perused the case diary and relevant materials available.

(3.) In this matter, the prosecution allegation is that, at about 01.15 pm on 26/9/2023, the accused who was in love affair with the de facto complainant wrongly restrained and assaulted the de facto complainant with intention to commit murder when the relationship was collapsed. The specific allegation is that the accused stabbed the de facto complainant using a knife saying "I will kill you" and thereby caused injury to her left shoulder. On this premise, the prosecution alleges commission of offences punishable under Ss. 341,323,324,307 and 506 (ii) of the Indian Penal Code, 1860.